Senior Courts Act 1981

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Point in time view as at 05/11/2012.

Changes to legislation:

Senior Courts Act 1981, SCHEDULE 1 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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SCHEDULE 1E+W Distribution of Business in High Court

Chancery DivisionE+W

1E+WTo 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 [F1, 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.

Textual Amendments

F1Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 30(1), Sch. 7 para. 28(1)(3)

Modifications etc. (not altering text)

C1Sch. 1 para. 1 extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2(3), Sch. 2 Pt. I para. 1(2)(i)

C2Sch. 1 para. 1(i) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art.2

Queen’s Bench DivisionE+W

2E+WTo the Queen’s Bench Division are assigned—

(a)applications for writs of habeus corpus, except applications made by a parent or guardian of a minor for such a writ concerning the custody of the minor;

(b)applications for judicial review;

F2[F3(ba)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(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);]

[F5(bc)all proceedings—

(i)on an appeal under section 26, or an application under section 27, of the Terrorist Asset-Freezing etc. Act 2010 (appeals and reviews by the court), or

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

[F6(bd)all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);]

(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.

Textual Amendments

F2Sch. 1 para. 2(ba) omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 1(a) (with Sch. 8)

F3Sch. 1 para. 2(ba) inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), ss. 11(5), Sch. para. 10

F4Sch. 1 para. 2(bb) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 71, 100

F5Sch. 1 para. 2(bc) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 28(1), 55(1) (with s. 44)

F6Sch. 1 para. 2(bd) inserted (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 1(b) (with Sch. 8)

Family DivisionE+W

3E+WTo the Family Division are assigned—

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

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

(i)legitimacy;

[F7(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)F8. . . adoption;

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

(c)applications for consent to the marriage of a minor [F9or for a declaration under section 27B(5) of the Marriage Act M1 1949];

(d)proceedings on appeal under section 13 of the M2Administration of Justice Act 1960 from an order or decision made under section 63(3) of the M3Magistrates’ Courts Act 1980 to enforce an order of a magistrates’ court made in matrimonial proceedings [F10or proceedings under Part IV of the Family Law Act 1996]or with respect to the guardianship of a minor.

[F11(e)applications under Part III of the Family Law Act 1986.]

[F11(e)proceedings under the Children Act 1989]

[F12(ea)proceedings under section 79 of the Childcare Act 2006;]

[F13(eb)proceedings under section 43 of the Children and Families (Wales) Measure 2010;]

[F14(f)all proceedings under:—

(i)the [F15Part IV [F16or 4A] of the Family Law Act 1996];

(ii)the Child Abduction and Custody Act 1985

(iii)the Family Law Act 1986;

[F17(iv)section 54 of the Human Fertilisation and Embryology Act 2008;]

[F18(v)Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;]

[F19(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;]

[F20(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.]

[F21(h)all proceedings under the Child Support Act 1991.]

[F22(i)all proceedings under sections 6 and 8 of the Gender Recognition Act 2004.]

[F23(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).]

Textual Amendments

F7Sch. 1 para. 3(b)(ii) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 45(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F8Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4

F9Words inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 5

F10Words in Sch. 1 para. 3(d) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 51(a); S.I. 1997/1892, art. 3(1)(b)

F11Sch. 1 para. 3(e) commencing “applications under” added by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 26 and Sch. 1 para. 3(e) commencing “proceedings under” added (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 9 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)