Settled Land Act 1925

113 Jurisdiction and procedure. E+W

(1) All matters within the jurisdiction of the court under this Act shall, subject to the enactments for the time being in force with respect to the procedure of the [F1 Senior Courts], be assigned to the Chancery Division of the High Court.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

[F3 ( 3 ) The powers of the court may, as regards land not exceeding in capital value the county court limit, or in net annual value for rating the county court limit, and, as regards capital money arising under this Act, and securities in which the same is invested, not exceeding in amount or value the county court limit, and as regards personal chattels settled or to be settled, as in this Act mentioned, not exceeding the county court limit, be exercised by [F4 the county] court. Section 147(2) and (3) of the County Courts Act 1984 (construction of references to net annual value for rating) shall apply for the purposes of this subsection as it applies for the purposes of that Act.]

[F5 (3A) In the preceding subsection “ the county court limit ” means the county court limit for the time being specified by an Order in Council under [F6 section 145 of the County Courts Act 1984 ] as the county court limit for the purposes of that subsection. ]

(4) payment of money into court effectually exonerates therefrom the person making the payment.

(5) Every application to the court under this Act shall, subject to any rules of court to the contrary, be by summons at Chambers.

(6) On an application by the trustees of a settlement notice shall be served in the first instance on the tenant for life.

(7) On any application notice shall be served on such persons, if any, as the court thinks fit.

(8) The court shall have full power and discretion to make such order as it thinks fit respecting the costs, charges, or expenses of all or any of the parties to any application, and may, if it thinks fit, order that all or any of those costs, charges, or expenses be paid out of property subject to the settlement.

(9) The provisions of the M1 Trustee Act, 1925, relating to vesting orders and orders appointing a person to convey shall apply to all vesting orders authorised to be made by this Act.

Textual Amendments

F1 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

F2 S. 113(2) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. II

F3 S. 113(3) substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. V para. 20(a)

F4 Words in s. 113(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 127; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 S. 113(3A) inserted by Administration of Justice Act 1982 (c. 53, SIF 34), s. 37, Sch. 3 para. 4

F6 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. V para. 20(b)

Modifications etc. (not altering text)

C1 S. 113 amended by S.I. 1990/776, art. 4(1)(c)

C2 S. 113(3) modified by County Courts Act 1984 (c. 28, SIF 34), s. 24(2)(a)

Marginal Citations

M1 1925 c. 19.