Senior Courts Act 1981

151 Interpretation of this Act, and rules of construction for other Acts and documents. U.K.

(1) In this Act, unless the context otherwise requires—

• “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;

• “appeal”, in the context of appeals to the civil division of the Court of Appeal, includes—

  (a)

  an application for a new trial, and

  (b)

  an application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury;

• [F1 “arbitration agreement” has the same meaning as it has in the [F2 Part I of the Arbitration Act 1996;]]

• “cause” means any action or any criminal proceedings;

• “Division”, where it appears with a capital letter, means a division of the High Court;

• “judgment” includes a decree;

• “jurisdiction” includes powers;

• “matter” means any proceedings in court not in a cause;

• “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

• “prescribed” means—

  (a)

  except in relation to fees, prescribed by rules of court; F3 . . .

  (b)

  F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F4 “qualifying judge advocate” means—

  (a)

  the Judge Advocate General; or

  (b)

  a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);]

• [F5 “senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;]

• “solicitor” means a solicitor of the [F6 Senior Courts];

• “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the M1 Interpretation Act 1978), whenever made;

• “this or any other Act” includes an Act passed after this Act.

(2) Section 128 contains definitions of expressions used in Part V and in the other provisions of this Act relating to probate causes and matters.

(3) Any reference in this Act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other Act which confers on the [F7 Civil Procedure Rule Committee] F8 ... power to make rules of court [F9 in relation to the [F6 Senior Courts]].

(4) Except where the context otherwise requires, in this or any other Act—

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

• F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “divisional court” (with or without capital letters) means a divisional court constituted under section 66;

• “judge of the [F6 Senior Courts]” means—

  (a)

  a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), or

  (b)

  a judge of the High Court,

  and accordingly does not include, as such, a judge of the Crown Court;

• “official referees’ business” has the meaning given by section 68(6);

• [F12 “Rules of the [F6 Senior Courts]” means rules of court made by the [F6 Senior Courts] Rules Committee.]

(5) The provisions of Schedule 4 (construction of references to superseded courts and officers) shall have effect.

Extent Information

E1 S. 151: for extent of s. 151(1), see s. 135(5); s. 151(2) -(5) extends to E.W. only

Textual Amendments

F1 Definition of "arbitration agreement" inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 41.; S.I. 1991/608, art. 2, Sch.

F2 Words in definition of “arbitration agreement” in s. 151 substituted (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 3 para. 37(3) (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2 para. 1)

F3 S. 151(1): para. (b) and preceding word in definition of "prescribed" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 265, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

F4 Words in s. 151(1) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 5; S.I. 2012/669, art. 4(c)

F5 S. 151(1): definition of "senior judge" substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 146; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(q)

F6 Words in s. 151 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1)(2); S.I. 2009/1604, art. 2(b)(d)

F7 Words in s. 151(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(7)(a); S.I. 1999/1009, art. 3(e)

F8 Words in s. 151(3) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 1 para. 6

F9 Words in s. 151(3) inserted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(7)(a); S.I. 1999/1009, art. 3(e)

F10 S. 151(4): definition of "Criminal Appeal Rules" repealed (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 18 (with art. 2(2))

F11 S. 151(4): definition of "Crown Court Rules" repealed (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 18 (with art. 2(2))

F12 Definition of “Rules of the Supreme Court” in s. 151(4) omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(7)(b); S.I. 1999/1009, art. 3(e)

Marginal Citations

M1 1978 c. 30.