- Latest available (Revised)
- Point in Time (01/12/2020)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 01/12/2020.
Administration of Justice Act 1970 is up to date with all changes known to be in force on or before 30 August 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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Textual Amendments
F1Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7
Section 1.
Modifications etc. (not altering text)
C1The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
2U.K.In section 1 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (provisions for registration and enforcement of maintenance orders made overseas), in subsection (2), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.
3U.K.In section 23 of the Administration of Estates Act 1925 (grant of representation in the case of settled land), in subsections (3) and (4), for the words “Principal Probate Registry” substitute the words “principal registry of the Family Division of the High Court”.
4U.K.In section 47A of the said Act of 1925 (life interest of surviving spouse on an intestacy), in subsection (7), for the words “principal probate registrar” substitute the words “principal registrar of the Family Division of the High Court”.
F35E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 2 para. 5 repealed (1.7.1995) by 1994 c. 36, s. 21(2), Sch. 2 (with s. 20); S.I. 1995/1317, art. 2
References to Probate Division and its President
[F46U.K.In the following provisions of the Supreme Court of Judicature (Consolidation) Act 1925, for the words “Probate, Divorce and Admiralty Division” or “Probate Division”, in each place where they occur, substitute the words “Family Division”:—
section 2 (constitution of High Court), subsection (1) ;
section 3 (qualification to sit as judge), subsection (1) ;
section 4 (divisions of High Court), subsections (1)(iii) and (2) ;
section 6 (constitution of Court of Appeal), subsection (2) ;
section 9 (qualification of judges), subsection (3) ;
section 16 (precedence of judges), subsections (2) and (2a) ;
section 70 (commissioners of assize), subsections (3) and (5) ;
section 99 (rules of court), subsections (4) and (6) ;
section 100 (rules about non-contentious probate business), subsection (1) ;
section 108 (district probate registries), subsections (2), (3) and (5) ;
section 109 (clerks of district probate registries), subsections (1) and (2) ;
section 113 (power to abolish offices) ;
section 115 (tenure of officers of Supreme Court), subsection (3) ;
section 116 (appointment of deputies for court officers), subsection (4) ;
section 128A (district probate registrar), subsections (2) and (3)
section 152 (duties of district probate registrars), subsection (2), (3), (5) and (6) ;
section 156 (calendars of grants), subsection (2) ;
section 157 (copies of will to be delivered to Revenue) ;
section 172 (depositories of wills of living persons) ;
section 174 (seals for use in probate registries), subsection (1) ;
section 220 (documents filed in, or in custody of, central office), subsection (3) ;
Schedule 2 (district probate registries), paragraph 2 ;
Schedule 3, Part I (officers to whom special provisions as to appointment, retirement and pension apply).]
Textual Amendments
F4S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Textual Amendments
F5S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
7U.K.In section 5 of the said Act of 1925 (power to alter divisions by Order in Council), in subsection (1), for the words “on a report or reccomendation of the council of judges of the Supreme Court assembled in persuance of the provisions of Part Xof this Act”, substitute the words “on a recommendation of the Lord Chancellor, the Lord Cheif Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor”
8U.K.In section 56 of the said Act of 1925 (allocations of business to divisions)—
in subsection (1)(b), for the words “The wardship of infants and the care of infants’ estates” substitute—
“The appointment of a guardian of a minor’s estate alone;”
after subsection (1)(b) insert—
“(bb)all causes and matters involving the exercise of the High Court’s probate jurisdiction otherwise than in respect of non–contentious or common form probate business”;
after subsection (2)(a) insert—
“(aa)all causes and matters involving the exercise of the High Court’s Admiralty jurisdiction, or its jurisdiction as a prize court;”
for subsection (3) substitute—
“(3)To the Family Division—
(a)all causes and matters involving the exercise of the High Court’s probate jurisdiction in proceedings specified in schedule 1 to the Administration of Justice Act 1970;
(b)all causes and matters which under,or by virtue or in pursuance of, any other enactment for the time being in force are assigned to the Family Division.”
9U.K.For section 107 of the said Act of 1925 (principal probate registry) substitute—
“107The principal registry of the Family Division, for the purpose of non-contentious or common form probate business, shall remain in London, unless Her Majesty by Order in Council appoints some other place for it.”]
10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F6Sch. 2 para. 10 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
[F711U.K.In Schedule 3 to the said Act of 1925, Part I (officers to whom special provisions as to appointment, retirement and pension apply), after the words “Assistant Master of the Supreme Court (King’s Bench Division)” insert the words “Admiralty Registrar”.]
Textual Amendments
F7S. 34(1), Sch. 2 paras. 6-9, 11-15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
Textual Amendments
F8S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
12U.K.In the following provisions of the said Act of 1925, for the words “the principal probate registry”, in each place where they occur, substitute the words “the principal registry of the Family Division”:—
section 126 (qualification for appointment to certain offices), subsection (3) ;
section 150 (application for grants) ;
section 151 (grants in district probate registries), subsection (3) ;
section 152 (duties of district probate registrars), subsections (1), (2), (3), (4) and (5) ;
section 154 (caveats), subsections (1) and (2) ;
section 156 (records of grants), subsection (1) ;
section 168 (resealing of Scottish confirmations), subsections (1), (2) and (3) ;
section 169 (resealing of Northern Irish grants), subsections (1), (2) and (3) ;
section 170 (deposit of wills, etc.) ;
section 171 (official copies of wills), paragraphs (b) and (c) ;
section 174 (seals for use in probate registries), subsection (1).]
[F913U.K.In section 157 of the said Act of 1925 (copies of wills to be delivered to Commissioners of Inland Revenue), for the words “every probate registry” substitute the words “the principal registry of the Family Division and every district probate registry”.]
Textual Amendments
F9S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
[F1014U.K.In the following provisions of the said Act of 1925, for the words “the principal probate registrar”, in each place where they occur, substitute the words “the principal registrar of the Family Division”:—
section 167 (administration bonds), subsection (2) ;
section 168 (re-sealing of Scottish confirmations), subsection (3) ;
section 169 (re-sealing of Northern Irish grants), subsection (2) ;
section 171 (official copies of wills), paragraph (c).]
Textual Amendments
F10S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
[F1115U.K.In section 167 of the said Act of 1925 (administration bonds), in subsection (1), for the words from “senior” to “principal probate registrar”, where last occurring, substitute the words “principal registrar of the Family Division and, subject to the provisions of this section, if that registrar” ; and in subsection (4), for the words “the principal probate registrar” substitute the words “the principal registrar of the Family Division or, before the coming into force of section 1 of the Administration of Justice Act 1970, the principal probate registrar”.]
Textual Amendments
F11S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
16U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Textual Amendments
17U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
[F1418U.K.In section 2 of the Supreme Court Officers (Pensions) Act 1954 (judges’ secretaries and clerks), in subsections (2), (5) and (6), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.]
Textual Amendments
F14S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
19U.K.In section 8 of the Public Records Act 1958 (deposit and custody of court records), in subsection (5), for the words “Probate Division” substitute the words “Family Division”.
Textual Amendments
F15S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
20U.K.In Schedule 1 to the Judicial Pensions Act 1959 (judicial offices qualifying for pension at rates set out in section 1) for the words “Probate, Divorce and Admiralty Division” substitute the words “Probate, Divorce and Admiralty, or Family Division”.]
Textual Amendments
F16Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
21U.K.In section 42 of the County Courts Act 1959 (jurisdiction by agreement in certain actions) for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction”.]
[F1722U.K.At the end of section 54(2) of the said Act of 1959 (transfer of equity proceedings from High Court to county court) insert the words “other than a matter in relation to which section 63 of this Act applies”.]
Textual Amendments
F17Sch. 2 para. 22 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 and also expressed to be repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
[F1823U.K.In section 62(1) of the said Act of 1959 (probate jurisdiction) and section 63 thereof (transfer of probate proceedings from High Court to county court), for the words “principal probate registry”, in each place where they occur, substitute the words “principal registry of the Family Division”.]
Textual Amendments
F18Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
24U.K.In section 64 of the said Act of 1959 (effect of order of judge in probate proceedings), in paragraph (a), after the word “principal” insert the words “registry of the Family Division” ; and, in paragraph (b), for the words “principal probate registry” substitute the words “principal registry of the Family Division”.
25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
F19Sch. 2 para. 25 repealed by Administration of Justice Act 1973 (c. 15, SIF 37),Sch. 5 Pt. IV
26U.K.F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 2 para. 26 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}
27U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Textual Amendments
28U.K.F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}
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Textual Amendments
Sections 11, 12 and 14.
1U.K.Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the M2Taxes Management Act 1970.
2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
Textual Amendments
F26Sch. 4 para. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5
3E+W[F27Contributions equivalent premiums] under Part III of the M3[F28Pension Schemes Act 1993]
Textual Amendments
F27Words in Sch. 4 para. 3 substituted (6.4.1997) by 1995 c. 26, s. 151, Sch. 5 para. 2; S.I. 1997/664, art. 2(3)
F28Words in Sch. 4 para. 3 substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 2; S.I. 1994/86, art. 2
Marginal Citations
3AE+W+SClass 1, 2 and 4 contributions under Part I of the M4[F29Social Security Contributions and Benefits Act 1992].
Textual Amendments
F29Words in Sch. 4 para. 3A substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992, c. 6, ss. 4, 7(2), Sch. 2 para. 6
Marginal Citations
4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Textual Amendments
F30Words repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I
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Textual Amendments
F31Schs.5–7 repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45:1), s, 29(2), Sch. 6
Section 28.
1U.K.An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M5Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).
Marginal Citations
2U.K.An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).
[F322AU.K.An order for periodical or other payments made, or having effect as if made, under Pt. II of the M6Matrimonial Causes Act 1973].
Textual Amendments
F32Sch. 8 para. 2A inserted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 10(2)
Marginal Citations
3U.K.An order for maintenance or other payments to or in respect of a spouse or child being an order made, [F33under Part I of the M7Domestic Proceedings and Magistrates’ Courts Act 1978].
Textual Amendments
F33Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(3), Sch. 2 para. 26
Marginal Citations
[F344E+WAn order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]
Textual Amendments
F34Sch. 8 para. 4 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 37(1); S.I. 1991/1883, art.3, Sch.
5U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Textual Amendments
F35Sch. 8 para. 5 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 27(b), Sch. 3 paras. 1, 6, Sch. 4
6E+WAn order
[F36(a)made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989 [F37or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014]; or
(b)made under] F38. . . section 23 of the Ministry of Social Security Act 1966 F39[F40. . . section 18 of the Supplementary Benefits Act 1976] [F41or section 24 of the Social Security Act 1986] [F42or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)
Textual Amendments
F36Words in Sch. 8 para. 6 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 6(1); S.I. 1991/1883, art. 3, Sch.
F37Words in Sch. 8 para. 6(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 18
F38Word repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)
F39Word in Sch. 8 para. 6 omitted (1.7.1992) by virtue of Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.7
F40Words inserted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)
F41Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 para. 42(b)
F42Words in Sch. 8 para. 6 inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 7
7U.K.F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43Sch. 8 para. 7 repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 15 Pt. 5; S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)
8U.K.An order to which section 16 of the M8Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.
Modifications etc. (not altering text)
C3Para. 8 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)
Marginal Citations
9U.K.A maintenance order within the meaning of the M9Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.
Marginal Citations
10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
Textual Amendments
F44Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3
[F4511U.K. A maintenance order within the meaning of Part I of the M10 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in [F46the family court] under the said Part I. ]
Textual Amendments
F45Sch. 8 para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 6
F46Words in Sch. 8 para. 11 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3
Marginal Citations
F4712E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47Sch. 8 para. 12 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 37(2), Sch.20; S.I. 1991/1883, art.3, Sch.
[F4813U.K.A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in [F49the family court] under that Part.]
Textual Amendments
F48Sch. 8 para. 13 inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 5
F49Words in Sch. 8 para. 13 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3
F50 [ 13A E+WA maintenance judgment within the meaning of Council Regulation ( EC ) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F51, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)], which is registered in [F52court in England and Wales] under that Regulation.]
Textual Amendments
F50Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8
F51Words in Sch. 8 para. 13A inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 5, Sch. para. 6(2)
F52Words in Sch. 8 para. 13A substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 4
[F5313B.(1)A decision, court settlement or authentic instrument which falls to be enforced by [F54the family court] by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.U.K.
(2)In this paragraph—
“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;
“decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation.]
Textual Amendments
F53Sch. 8 para. 13B inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 3(3)
F54Words in Sch. 8 para. 13B(1) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3
[F5513C.U.K.A decision or maintenance arrangement which is registered in [F56the family court] under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]
Textual Amendments
F55Sch. 8 para. 13C inserted (7.11.2012 coming into force in accordance with reg. 1(1)) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 2(3)
F56Words in Sch. 8 para. 13C substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3
[F5714U.K.An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.]
Textual Amendments
F57Sch. 8 para. 14 inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 8
[F5815U.K.An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.]
Textual Amendments
F58Sch. 8 para. 15 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 para. 34, S.I. 2005/3175, {art. 2(2)}
Section 41.
Modifications etc. (not altering text)
C4Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)
1E+WWhere a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor.
[F591AE+WWhere a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
Textual Amendments
F59Sch. 9 Para. 1A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(2)
2E+WWhere an appellant to [F60the Crown Court]against conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.
Textual Amendments
F60Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
3E+WWhere a person appeals to [F61the Crown Court]against conviction or sentence by a magistrates’ court, and [F61the Crown Court]makes an order as to costs to be paid by him.
Textual Amendments
F61Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
4E+WWhere a person is prosecuted or tried on indictment . . . F62before [F63the Crown Court]and is convicted, and the court [F64makes an order as to costs to be paid by him].
Textual Amendments
F62Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13
F63Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
F64Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(3)
[F654AE+WWhere the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
Textual Amendments
F65Sch. 9 para. 4A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(4)
5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
Textual Amendments
F66Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
[F676E+WWhere the criminal division of the Court of Appeal makes an order as to costs to be paid by—
(a)an appellant;
(b)an applicant for leave to appeal to that court; or
(c)in the case of an application for leave to appeal to the [F68Supreme Court], an applicant who was the appellant before the criminal division.]
Textual Amendments
F67Sch. 9 para. 6 substituted for Sch. 9 paras.6, 7 by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(5)
F68Words in Sch. 9 para. 6(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)
8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Textual Amendments
F69Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV
[F709E+WWhere a court makes an order by virtue of [F71regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.]
Textual Amendments
F70Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6
F71Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(6)
[F729AE+WWhere a court orders the payment of a charge in respect of relevant court costs under [F73section 46 of the Sentencing Code].]
Textual Amendments
F72Sch. 9 para. 9A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 54(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 44
F73Words in Sch. 9 para. 9A substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
[F7410E+WWhere under [F75Chapter 2 of Part 7 of the Sentencing Code] a court orders the payment of compensation.]
Textual Amendments
F74Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)
F75Words in Sch. 9 para. 10 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
12E+WWhere under [F76section 380 of the Sentencing Code] a court orders any fine, . . . F77 compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person.
Textual Amendments
F76Words in Sch. 9 para. 12 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F77Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
[F78[F7912A]E+WWhere under [F80section 42 of the Sentencing Code] a court orders the payment of a surcharge.]
Textual Amendments
F78Sch. 9 Pt. 1 para. 13 inserted after para. 12 (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(3), 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)
F79Sch. 9 Pt. 1 para. 13 renumbered as Sch. 9 Pt. 1 para. 12A (13.4.2015) by 2015 c. 2, s. 54(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 44
F80Words in Sch. 9 para. 12A substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 26(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
[F81[F8212B]E+WWhere under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.]
Textual Amendments
F81Sch. 9 Pt. 1 para. 13A inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 3; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F82Sch. 9 Pt. 1 para. 12B: Sch. 9 Pt. 1 para. 13A renumbered as Sch. 9 Pt. 1 para. 12B (13.4.2015) by 2015 c. 2, s. 54(2)(c); S.I. 2015/778, art. 3, Sch. 1 para. 44
[F8312CE+WWhere under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.]
Textual Amendments
F83Sch. 9 para. 12C inserted (17.3.2016) by Modern Slavery Act 2015 (c. 30), s. 61(3), Sch. 5 para. 11(3) (as amended by S.I. 2016/244, regs. 1(1), 25(b)(ii)); S.I. 2016/243, reg. 2(a)
[F84 Where under section 5 of the Isle of Wight County Council Act M11 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section. ]
Textual Amendments
F84Sch. 9 Pt.I new paragraph inserted by Isle of Wight County Council Act 1971 (c. lxxi), s. 5(9)(e) (as amended by and set out in Isle of Wight Act 1990 (c. iv), s. 5, Sch.) for the purposes of s.41
Marginal Citations
[F8513E+WWhere a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
Textual Amendments
F85Sch. 9 para. 13 substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(7)
14E+WWhere an appellant to [F86the Crown Court] from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.
Textual Amendments
F86Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87
Textual Amendments
F87Sch. 9 para. 15 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt. II para. 7(8), Sch. 2
[F8816E+WAny order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.]
Textual Amendments
F88Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)
Textual Amendments
F89Sch. 9 para. 16A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(9)
16AE+WWhere the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the [F90Supreme Court], an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.]
Textual Amendments
F90Words in Sch. 9 para. 16A substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)
17–20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91
Textual Amendments
F91Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes
21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92
Textual Amendments
F92Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F93Sch. 10 repealed by Legal Aid Act 1974 (c. 4), s. 42(1), Sch. 5 Pt. I
Section 54.
Modifications etc. (not altering text)
C5The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
---|---|---|
33 & 34 Vict. c. 23. | The Forfeiture Act 1870. | In section 4, the words from “and the amount” onwards. |
49 & 50 Vict. c. 27. | The Guardianship of Infants Act 1886. | In section 5 the words from “and in every case” onwards. |
. . . F94 | ||
. . . F94 | ||
. . . F94 | ||
In section 11, paragraph (a), and, in paragraph (c), the words “Englan d or”. | ||
4 & 5 Geo. 5. c. 59. | The Bankruptcy Act 1914. | Section 107(1) to (3). |
15 & 16 Geo. 5. c. 23. | The Administration of Estates Act 1925. | In section 30(3), the words “the Probate, Divorce and Admiralty Divisio n of”. |
15 & 16 Geo. 5. c. 59. | The Supreme Court of Judicature (Consolidation) Act 1925. | In section 5(1), the words “report or”. |
In section 58, the words from “and (4) Subject to rules of court” onwards. | ||
In section 63, in paragraph (b) of the proviso to subsection (6), the words “with the concurrence of the other judges of the Division or a majority thereof, or in the case of the King’s Bench Division”. | ||
In section 225, the definition of “Probat e Division”. | ||
23 &24 Geo. 5. c. 12. | The Children and Young Persons Act 1933. | Section 55(4). |
23 & 24 Geo. 5. c.38. | The Summary Jurisdiction (Appeals) Act 1933. | Section 5(2). |
11 & 12 Geo. 6. c. 58. | The Criminal Justice Act 1948. | Section 11(3). |
12, 13 and 14 Geo. 6. c. 87. | The Patents Act 1949. | Section 85(6). |
12, 13 and 14 Geo. 6. c. 88. | The Registered Designs Act 1949. | Section 28(6). |
15 & 16 Geo. 6. & I Eliz. 2. c. 48. | The Costs in Criminal Cases Act 1952. | Section 10(1) to (3); and in section 10(5) the words “under this section”, wherever occurring. |
15 & 16 Geo. 6. & 1 Eliz. 2. c. 55. | The Magistrates’ Courts Act 1952. | In section 34, the words from “and any sum” onwards. |
In section 74(6)(a), the words “under the Maintenance Orders Ac t 1958”. | ||
Section 85(3). | ||
6 & 7 Eliz. 2. c. 39. | The Maintenance Orders Act 1958. | Section 4(3). |
Sections 6 to 8. | ||
Section 9(1), (3) and (6). | ||
Sections 10 to 15. | ||
In section 21(1), the definitions of “attachment of earnings order”, “earnings”, “employer”, “excepte d sums” and “maintenance order”; and section 21(5). | ||
The Schedule. | ||
1959 c. 22. | The County Courts Act 1959. | Section 153(a). |
Section 154. | ||
1964 c. 42. | The Administration of Justice Act 1964. | Section 5(2). |
In Schedule 3, paragraph 25(2). | ||
1965 c. 72. | The Matrimonial Causes Act 1965. | In section 38(1), the words from “and any order” onwards. |
1966 c. 20. | The Ministry of Social Security Act 1966. | In section 23(6), the words from “and the Maintenance Orders Act 1958” onwards. |
In section 24(9), the words from “and the Maintenance Orders Act 1958” onwards. | ||
1966 c. 31. | The Criminal Appeal Act 1966. | Section 1(4) and (6)(b). |
Section 2(2). | ||
1967 c. 80. | The Criminal Justice Act 1967. | Section 46. |
Section 79(3) to (7). | ||
In section 84, the definition of “appropria te authority”. | ||
Schedule 1. | ||
1968 c. 19. | The Criminal Appeal Act 1968. | In Section 45(2), the words “of the Queen’s Bench Division of”. |
In Schedule 5, the entry relating to section 10(2) of the Costs in Criminal Cases Act 1952. | ||
1968 c. 36. | The maintenance Orders Act 1958. | In the Schedule, the entry relating to section 4 of the Maintenance Orders Act 1958. |
1969 c. 46. | The Family Law Reform Act 1969. | In section 4(5)(b), the words from “and be deemed” onwards. |
In section 6(7) the words from “and be deemed” onwards. | ||
1969 c. 54. | The Children and Young Persons Act 1969. | In section 3(6), the word “and” at the end of paragraph (b), and paragraph (c). |
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