Senior Courts Act 1981

Section 152(1).

X1 SCHEDULE 5 U.K. Consequential Amendments

Editorial Information

X1 The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

COLONIAL PROBATES ACT 1892 (c. 6) E+W

• In section 2(1), for “156A of the M1 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 109 of the Supreme Court Act 1981 ”.

Marginal Citations

M1 1925 c. 49.

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

Textual Amendments

F1 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3(1), 5(2), Sch. Pt I. Sch. 4

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Entry repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I and also expressed to be repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(2)(3), Sch. 10 Pt. III

ADMINISTRATION OF ESTATES ACT 1925 (c. 23) E+W

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

  (a)

  for “principal registrar” substitute “ Senior Registrar ”; and

  (b)

  for the words from “made under” onwards substitute “ of court made under section 127 of the Supreme Court Act 1981 ”.

LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11) E+W

• In section 3(1), “for M2 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ Supreme Court Act 1981 ”.

Marginal Citations

M2 1925 c. 49.

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c. 13) E+W

1 In section 3(1), for “ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.

F3 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 5: para. 2 of the entry relating to the amendment of Foreign Judgments (Reciprocal Enforcement) Act 1933 repealed by Civil Jurisdiction and Judgments Act 1982 (c.27, SIF 45:3), s. 54, Sch. 14

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

• Section 2(2)(b) shall continue to have effect with the amendments made by the M3 Criminal Appeal Act 1964 and the M4 Criminal Appeal Act 1966, that is with the insertion after “preferred” of “by the direction of the criminal division of the Court of Appeal”.

Marginal Citations

M3 1964 c. 43.

M4 1966 c. 31.

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Entry repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72(7), Sch. 16 Pt. XI

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Entry repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1) Sch. 9 Pt. I and also expressed to be repealed by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 29, Sch. 1

CRIMINAL JUSTICE ACT 1948 (c. 58) E+W

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) E+W

• In section 1(4)—

  (a)

  for “(1) of section one hundred and sixty of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ (2) of section 114 of the Supreme Court Act 1981 ”;

  (b)

  after “must” insert “ in general ”; and

  (c)

  for “(2) of the said section one hundred and sixty” substitute “ (4) of that section ”.

ARBITRATION ACT 1950 (c. 27) E+W

• In section 38(3), for “ninety-nine of the M5 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.

Marginal Citations

M5 1925 c. 49.

ARMY ACT 1955 (c. 18) U.K.

Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule I to the M6 Criminal Appeal Act 1966, that is—

(a)

with the substitution of “is under all the circumstances of the case unsafe or unsatisfactory” for the words from “is unreasonable” to “evidence”;

(b)

with the substitution of “there was a material irregularity in the course of the trial” for “on any ground there was a miscarriage of justice”; and

(c)

with the addition at the end of the following proviso—

“Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.”.

Marginal Citations

M6 1966 c. 31.

AIR FORCE ACT 1955 (c. 19) U.K.

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 M7 Army Act 1955.

Marginal Citations

M7 1955 c. 18.

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Entry repealed by Medical Act 1983 (c. 54, SIF 83:1), s. 36(2)(3), Sch. 7 Pt. I

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Entry repealed by Dentists Act 1983 (c. 38, SIF 83:1), s. 33(2), Sch. 3

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Entry repealed by Opticians Act 1989 (c. 44, SIF 83:1), s. 37, Sch. 2

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Entry repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(2), Sch. 4 Pt. I

PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66) U.K.

• 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) U.K.

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) E+W

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) E+W

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Schedule 5: Entry relating to Public Health Act 1961 repealed (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 c. 60, ss. 3(1), 4(2), Sch. 3 Pt.I

ADMINISTRATION OF JUSTICE ACT 1964 (c. 42) E+W

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) E+W

1 In section 4(1) (mode of effecting payment of money into Supreme Court), for the words from “(as respectively” to “that Act” substitute “ (within the meaning of the Supreme Court Act 1981) proceeding in a district registry of the High Court ”.

2 In section 6 (mode of dealing with money in Supreme Court), in subsection (1)(a)(iii), for the words from “rules” to “1925” substitute “ rules of court ”.

3 In section 18, in the definition of “Supreme Court”, for “Judicature in England” substitute “ England and Wales ”.

VETERINARY SURGEONS ACT 1966 (c. 36) U.K.

• 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) E+W

• 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) E+W

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

““matrimonial cause” means an action for divorce, nullity of marriage, judicial separation, or jactitation of marriage or an application under section 3 of the Matrimonial Causes Act 1973;”.

CRIMINAL APPEAL ACT 1968 (c. 19) E+W

1 E+W 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 E+W 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 Construction of references in Parts I and II to Court of Appeal and a single judge.

(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 E+W 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 M8 Criminal Justice Administration Act 1962” there were substituted “ Section 67 of the M9 Criminal Justice Act 1967 ”.

Marginal Citations

M8 1962 c. 15.

M9 1967 c. 80.

HEARING AID COUNCIL ACT 1968 (c. 50) U.K.

• In section 10(2), for “49 of the M10 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

Marginal Citations

M10 1925 c. 49.

HOVERCRAFT ACT 1968 (c. 59) U.K.

1 U.K. 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. U.K.

(2) In subsection (1)—

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

(b) for the words from “the reference in section 4(1)” to “the said Schedule 1)” substitute “ the reference in paragraph 4(1) of the said Part I and the second reference in paragraph 8(1) of that Part) ”.

(3) After subsection (3) insert—

“(3A) Subsection (3) of this section shall have effect as if the reference to the enactments mentioned in subsection (1) as extended by that subsection included a reference to sections 20 to 24 of the Supreme Court Act 1981.”.

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Entry repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Entry repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(2), Sch. 4 Pt. I

ADMINISTRATION OF ESTATES ACT 1971 (c. 25) E+W

1 (1) Section 11 (sealing of Commonwealth and Colonial grants) shall be amended as follows. E+W

(2) In subsection (3)—

(a) for “167 of the M11 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 120 of the Supreme Court Act 1981 ”; and

(b) omit “and orders”.

(3) In subsection (8), for the definition of “probate rules and orders” substitute—

““probate rules” means rules of court made under section 127 of the Supreme Court Act 1981.”.

Marginal Citations

M11 1925 c. 49.

2 E+W In section 14(3), for “8” substitute “ 9 ”.

MISUSE OF DRUGS ACT 1971 (c. 38) U.K.

• In paragraph 5(2) of Schedule 3, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59) U.K.

In section 13(1) (extension of Admiralty jurisdiction in claims for damage done by ships), for the words from the beginning to “that Act” substitute “Paragraph 1(1)(d) of Schedule 1 to the Administration of Justice Act 1956”.

TRIBUNALS AND INQUIRIES ACT 1971 (c. 62) E+W

In section 13(2), for “27 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “16 of the Supreme Court Act 1981”.

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Entry repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3

LAND CHARGES ACT 1972 (c. 61) E+W

• In section 6(4) (effect of non-registration of writs and orders registrable under section 6), for “section 36(3) of the Administration of Justice Act 1956” substitute “ section 37(5) of the Supreme Court Act 1981 ”.

HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37) E+W

In section 69(4), for “27 of the M12 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 16 of the Supreme Court Act 1981 ”.

Marginal Citations

M12 1925 c. 49.

F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Entry repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

MERCHANT SHIPPING ACT 1974 (c. 43) U.K.

In section 6(1) (extension of Admiralty jurisdiction in claims for damage done by ships), for the words from the beginning to “that Act” substitute “Paragraph 1(1)(d) of Schedule 1 to the M13 Administration of Justice Act 1956”.

Marginal Citations

M13 1956 c. 46.

SOLICITORS ACT 1974 (c. 47) E+W

1 E+W In section 19(2), for “120 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 94 of the Supreme Court Act 1981 ”.

2 E+W After section 81 insert—

“81A Fees for administering oaths and taking affidavits.

(1) The Lord Chancellor may, with the concurrence of the Lord Chief Justice and the Master of the Rolls, by order prescribe the fees to be charged by—

(a) commissioners for oaths; and

(b) solicitors exercising the powers of commissioners for oaths by virtue of section 81,

in respect of the administration of an oath or the taking of an affidavit.

(2) Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.

(3) In this section “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889.”.

HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24) U.K.

• In Part III of Schedule 1, in the entry beginning “Officer of the Supreme Court”, for the words from “within” onwards substitute “ being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court ”.

NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25) U.K.

• Part 111 of Schedule 1 shall have effect with the same amendment as is specified in the entry in this Schedule relating to the M14 House of Commons Disqualification Act 1975.

Marginal Citations

M14 1975 c. 24.

EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34) U.K.

1 U.K. In section 4 (extension of powers of High Court etc. in relation to obtaining evidence for proceedings in that court) for the words from the beginning to “shall” substitute “ The M15 Attendance of Witnesses Act 1854 (which enables the Court of Session to order the issue of a warrant of citation in special form, enforceable throughout the United Kingdom, for the attendance of a witness at a trial) shall ”.

Marginal Citations

M15 1854 c. 34.

2 In section 7, for “99 of the M16 Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.

Marginal Citations

M16 1925 c. 49.

FARRIERS (REGISTRATION) ACT 1975 (c. 35) U.K.

• In paragraph 4(2) of Schedule 3, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32) E+W

• In section 4—

  (a)

  in subsection (4), for “99 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”; and

  (b)

  in subsection (5), for “99” and “1925” substitute respectively “ 84 ” and “ 1981 ”.

INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46) U.K.

• In section 19(2), for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

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

Textual Amendments

F15 Entry repealed by Medical Act 1983 (c. 54, SIF 83:1), s. 36(2)(3), Sch. 7 Pt. I

EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44) E+W

In paragraph 8(2) of Schedule 11, for “9 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “10 of the Supreme Court Act 1981”.

ARBITRATION ACT 1979 (c. 42) E+W

In section 2(3), for “27 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 16 of the Supreme Court Act 1981 ”.

CHARGING ORDERS ACT 1979 (c. 53) E+W

• In section 5(2), for “99 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.

MAGISTRATES’ COURTS ACT 1980 (c. 43) E+W

1 E+W After section 43 insert—

“43A Functions of magistrates’ court where a person in custody is brought before it with a view to his appearance before the Crown Court.

(1) Where a person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court is brought before a magistrates’ court in pursuance of section 81(5) of the Supreme Court Act 1981—

(a) the magistrates’ court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court;

(b) if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.

(2) A magistrates’ court shall have jurisdiction under subsection (1) whether or not the offence was committed, or the arrest was made, within the court’s area.”.

2 E+W In section 87(2) for “penalty” substitute “ sum ”.

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

Textual Amendments

F16 Entry repealed by Capital Transfer Tax Act 1984 (c. 51, SIF 65), ss. 274, 277, Schs. 7, 9

JUDICIAL PENSIONS ACT 1981 (c. 20) E+W

1 E+W For subsection (2) of section 34 (county court registrars and assistant registrars) substitute—

“(2) Nothing in this Act shall apply to a part-time registrar or part-time assistant registrar within the meaning of subsection (3) of section 22 of the County Courts Act 1959 (restrictions on practice).”.

2 E+W Schedule 1 (pensions, etc. of certain judicial officers) shall be amended as follows—

(a) in paragraph 1, for the list of Supreme Court officers (namely that beginning with “Master and Assistant Master of the Supreme Court, Queen’s Bench Division” and ending with “Registrar, and Assistant Registrar, of Criminal Appeals”) substitute—

“Master, Queen’s Bench Division.

Queen’s coroner and attorney and Master of the Crown Office.

Admiralty Registrar.

Master, Chancery Division.

Registrar in Bankruptcy of the High Court.

Taxing Master of the Supreme Court.

Registrar, Principal Registry of the Family Division.

Registrar of criminal appeals.

Registrar of civil appeals.

Master of the Court of Protection.”; and

(b) in paragraph 4—

(i) in sub-paragraph (1)(a), for “the prescribed number of years of” substitute “ 15 years ”, and

(ii) omit sub-paragraph (2).