Senior Courts Act 1981

Miscellaneous provisions U.K.

129 Lords Commissioners to represent Lord Chancellor when Great Seal in commission. E+W

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.

130 Fees to be taken in Supreme Court. E+W

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 130 repealed (4.1.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 263, Sch. 10; S.I. 2004/3123, art. 2(c)(i) (with art. 3) and s. 130(2)(a) amended (3.4.2006) by the Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 378 (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

131 Conveyancing counsel of [F2 Senior Courts]. E+W

(1) The conveyancing counsel of the [F2 Senior Courts] shall be [F3 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 [F4 with the concurrence of the Lord Chief Justice].

[F5 (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.]

Textual Amendments

F2 Words in s. 131 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F3 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 48

F4 Words in s. 131(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 145(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(q)

F5 S. 131(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 145(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(q)

132 Proof of documents bearing seal or stamp of [F6 Senior Courts] or any office thereof. U.K.

Every document purporting to be sealed or stamped with the seal or stamp of the [F6 Senior Courts] or of any office of the [F6 Senior Courts] shall be received in evidence in all parts of the United Kingdom without further proof.

Textual Amendments

F6 Words in s. 132 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

133 Enrolment and engrossment of instruments. E+W

(1) The Master of the Rolls may make regulations for authorising and regulating the enrolment or filing of instruments in the [F7 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 [F7 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 [F7 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 [F7 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 M1 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.

Textual Amendments

F7 Words in s. 133 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

Marginal Citations

M1 1946 c. 36.

134 Powers of attorney deposited before October 1971. U.K.

(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 [F8 Senior Courts] before 1st October 1971.

(2) A separate file of such instruments shall continue to be kept and, subject to payment of any [F9 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).

Textual Amendments

F8 Words in s. 134 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F9 Words in s. 134(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 262; S.I. 2005/910, art. 3(y)

135 Bonds given under order of court. E+W

(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.

136 Production of documents filed in, or in custody of, [F10 Senior Courts]. E+W

(1) [F11 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 [F10 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 [F10 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 [F12 person making the rules] to be necessary or expedient.

(3) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Words in s. 136 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F11 Words in s. 136(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 13(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F12 Words in s. 136(2)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 13(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F13 S. 136(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 146, 148, Sch. 1 para. 13(3), Sch. 18 Pt. 1; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 7, 30(a)

137 Money paid into court under enactment subsequently repealed. E+W

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 [F14 Senior Courts]; or

(b) into the [F14 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.

Textual Amendments

F14 Words in s. 137 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

138 Effect of writs of execution against goods. E+W

F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 S. 138 repealed (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 264, Sch. 10; S.I. 2004/401, art. 2(b) (with art. 3)

138A Sales under executions. E+W

F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 S. 138A repealed (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 264, Sch. 10; S.I. 2004/401, art. 2(b) (with art. 3)

138B Protection of officer selling goods under execution. E+W

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 138B repealed (15.3.2004) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 264, Sch. 10; S.I. 2004/401, art. 2(b) (with art. 3)

139 Attachment of National Savings Bank deposits. E+W

X1 (1) In section 27 of the M2 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 M3 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.

Editorial Information

X1 The text of ss. 139(1), 145–148 is in the form in which it was originally enacted: it was not reproduced in Statutesin Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M2 1947 c. 44.

M3 1947 c. 44.

140 Enforcement of fines and forfeited recognizances. E+W

(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 [F18 sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000] 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 M4 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 [F18 sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000] as extended by this section, “fine” includes a penalty imposed in civil proceedings.

Textual Amendments

F18 Words in s. 140(3)(5) substituted (28.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 88

Marginal Citations

M4 1981 c. 49.

141 Abolition of certain writs. E+W

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 S. 141 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

142 Selection of judges for trial of election petitions. E+W

(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 [F20 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.

Textual Amendments

F20 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), s. 206(b)(i), Sch. 8 para. 26

F21 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 143 repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1) Sch. 9 Pt. I

F22 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 144 repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6

X2 145 Amendment of Courts-Martial (Appeals) Act 1968. U.K.

(1) The M5 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.”.

(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”.

Editorial Information

X2 The text of ss. 139(1), 145–148 is in the form in which it was originally enacted: it was not reproduced in Statutesin Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M5 1968 c. 20.

X3 146 Amendment of Courts Act 1971. E+W

For section 24 of the M6 Courts Act 1971 (deputy High Court and Circuit judges) there shall be substituted—

“24 Deputy Circuit judges and assistant Recorders.

(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.”.

Editorial Information

X3 The text of ss. 139(1), 145–148 is in the form in which it was originally enacted: it was not reproduced in Statutesin Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M6 1971 c. 23.

X4 147 Amendment of Solicitors Act 1974. E+W

In section 50 of the M7 Solicitors Act 1974 (jurisdiction of [F23 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).”.

Editorial Information

X4 The text of ss. 139(1), 145–148 is in the form in which it was originally enacted: it was not reproduced in Statutesin Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F23 Words in s. 147 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

Marginal Citations

M7 1974 c. 47.

F24 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 S. 148 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with s. 81(2); S.I. 1996/3146, art. 3 (with Sch. 2 para. 1)

F25 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 149 repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4