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Senior Courts Act 1981
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Senior Courts Act 1981, Section 5 is up to date with all changes known to be in force on or before 11 November 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31(3)(a) word inserted by 2015 c. 2 s. 85(1)(a)
- s. 31(3)(a) word inserted by 2015 c. 2 s. 85(1)(a)
- s. 31(3)(b) and word inserted by 2015 c. 2 s. 85(1)(b)
- s. 31(3)(b) and word inserted by 2015 c. 2 s. 85(1)(b)
- s. 31(3A)(3B) inserted by 2015 c. 2 s. 85(2)
- s. 31(3A)(3B) inserted by 2015 c. 2 s. 85(2)
5 Divisions of High Court.E+W
(1)There shall be three divisions of the High Court namely—
(a)the Chancery Division, consisting of [F1the Chancellor of the High Court, who shall be president thereof,] and such of the puisne judges as are for the time being attached thereto in accordance with this section;
(b)the Queen’s Bench Division, consisting of the Lord Chief Justice, [F2, the President of the Queen's Bench Division], [F3the vice-president of the Queen’s Bench Division] and such of the puisne judges as are for the time being so attached thereto; and
(c)the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.
(2)The puisne judges of the High Court shall be attached to the various Divisions by direction [F4given by the Lord Chief Justice after consulting the Lord Chancellor]; and any such judge may with his consent be transferred from one Division to another by direction [F4given by the Lord Chief Justice after consulting the Lord Chancellor], but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.
(3)Any judge attached to any Division may act as an additional judge of any other Division at the request of the [F5Lord Chief Justice made][F6 with the concurrence of both of the following—
(a)the senior judge of the Division to which the judge is attached;
(b)the senior judge of the Division of which the judge is to act as an additional judge.]
.
(4)Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.
(5)Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.
[F7(6)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 subsection (2).]
Textual Amendments
F1Words in s. 5(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)
F2Words in s. 5(1)(b) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(3); S.I. 2005/2505, art. 2(c)
F3Words in s. 5(1)(b) inserted (27.9.1999) by 1999 c. 22, ss. 69(3), 108(3)(b) (with Sch. 14 para. 7(2))
F4Words in s. 5(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)
F5Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 12
F6Words in s. 5(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)
F7S. 5(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)
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