Senior Courts Act 1981

68 Exercise of High Court jurisdiction otherwise than by judges of that court. E+W

(1) Provision may be made by rules of court as to the cases in which jurisdiction of the High Court may be exercised by—

(a) such [F1 Circuit judges, deputy Circuit judges or Recorders] as the [F2 Lord Chief Justice may, after consulting the Lord Chancellor,] from time to time nominate to deal with official referees’ business; or

(b) special referees; [F3 or

(c) masters, registrars, district registrars or other officers of the court.]

(2) Without prejudice to the generality of subsection (1), rules of court may in particular—

[F4 (a) authorise the whole of any cause or matter, or any question or issue therein, to be tried before any such person as is mentioned in that subsection; or]

(b) authorise any question arising in any cause or matter to be referred to [F5 a special referee] for inquiry and report.

(3) Rules of court shall not authorise the exercise of powers of attachment and committal by [F6 a special referee or any officer or other staff of the court].

(4) Subject to subsection (5), the decision of

[F7 (a)] any such person as is mentioned in subsection (1) [F8 or

(b) any officer or other staff of the court]

may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the Court of Appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers.

(5) Rules of court may provide either generally or to a limited extent for decisions of [F9 persons] nominated under subsection (1)(a) being called in question only by appeal on a question of law.

(6) The cases in which jurisdiction of the High Court may be exercised by [F9 persons] nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among [F10 persons] so nominated shall be determined in accordance with directions given [F11 by the Lord Chief Justice after consulting the Lord Chancellor].

(7) Any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a [F12 person] nominated under subsection (1)(a).

[F13 (8) 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 subsections (1)(a) and (6).]

Textual Amendments

F1 Words substituted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 59(1)

F2 Words in s. 68(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 131(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(p)

F3 S. 68(1)(a) and the preceding word “or” omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(3)(a); S.I. 1999/1009, art. 3(a)

F4 S. 68(2)(a) omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(3)(b)(i); S.I. 1999/1009, art. 3(a)

F5 Words in s. 68(2)(b) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(3)(b)(ii); S.I. 1999/1009, art. 3(a)

F6 Words in s. 68(3) substituted (26.4.1999) by 1997 c. 12, s. 10,Sch. 2 para. 1(3)(c); S.I. 1999/1009, art. 3(a)

F7 S. 68(4): "(a)" inserted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(3)(d)(i); S.I. 1999/1009, art. 3(a)

F8 S. 68(4)(b) and the preceding word “or” inserted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(3)(d)(ii); S.I. 1999/1009, art. 3(a)

F9 Word substituted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 59(2)(a)(i)

F10 Word substituted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 59(2)(a)(ii)

F11 Words in s. 68(6) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 131(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(p)

F12 Word substituted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 59(2)(b)

F13 S. 68(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 131(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(p)