Sch. 2 para. 1 repealed by Administration of Estates Act 1971 (c. 25), s. 12(3), Sch. 2 Pt. I
Sch. 2 para. 5 repealed (1.7.1995) by 1994 c. 36, s. 21(2), Sch. 2 (with s. 20); S.I. 1995/1317, art. 2
S. 34(1),
Sch. 2 para. 10 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
S. 34(1),
S. 34(1),
S. 34(1),
S. 34(1),
S. 34(1),
Sch. 2 para. 16 repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), Sch.
Sch. 2 para. 17 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4
S. 34(1),
S. 34(1),
S. 34(1),
Sch. 2 para. 22 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 and also expressed to be repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
Sch. 2 para. 25 repealed by Administration of Justice Act 1973 (c. 15, SIF 37),Sch. 5 Pt. IV
Sch. 2 para. 26 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}
Sch. 2 para. 27 repealed by Matrimonial Clauses Act 1973 (c. 18, SIF 49:3), Sch. 3
Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}
The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Sch. 3 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with ss. 1, 2, 5, 81, 84, 93(6), 94, 95, 106); S.I. 1996/3146, arts. 3, 4, Sch. 2
Sch. 4 para. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5
Words 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)
Words 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
Words 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
Words repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I
Sch. 8 para. 2A inserted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 10(2)
Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(3), Sch. 2 para. 26
Sch. 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.
Sch. 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
Words 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.
Word repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)
Words inserted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)
Word 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
Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 para. 42(b)
Words 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
Sch. 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)
Para. 8 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)
Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3
Sch. 8 para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 6
Sch. 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.
Sch. 8 para. 14 inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 8
Sch. 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)}
Sch. 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)
Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13
Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(3)
Sch. 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)
Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Sch. 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)
Words 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)
Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV
Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6
Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(6)
Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)
Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
Sch. 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
Sch. 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)
Sch. 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)
Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)
Sch. 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
Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)
Words 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)
Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes
Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV
Sch. 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)
Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)
Sch. 10 repealed by Legal Aid Act 1974 (c. 4), s. 42(1), Sch. 5 Pt. I
The 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.
Sch. 11 entries relating to ss. 6, 9, 10, of the Guardianship of Infants Act 1886 repealed by Guardianship of Minors Act 1971(c. 3), s. 18(2), Sch. 2
Sch. 3 para. 7(2) amended (1.1.1992) by S.I. 1991/2684, arts. 2, 4, Sch.1
Words repealed by Arbitration Act 1979 (c. 42, SIF 5), s. 8(3)(c)
Sch. 3 para. 9(2) repealed by Arbitration Act 1979 (c. 42, SIF 5), s. 8(3)(c)
Sch. 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)
Sch. 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
Words 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
Words 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
Sch. 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
Sch. 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
Sch. 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
Sch. 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)
Words 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
Words 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
Words 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
Words 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
Words 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
Sch. 8 para. 13 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 2 (with
Sch. 8 para. 13A omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 2 (with
Sch. 8 para. 13B omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 3 (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Section 1.
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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”.
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”.
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”.
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References to Probate Division and its President
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).
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”
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—
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—
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—
To the Family Division— 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; 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.
For section 107 of the said Act of 1925 (principal probate registry) substitute—
The 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.
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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”.
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).
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”.
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).
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”.
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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”.
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”.
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”.
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”.
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”.
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”.
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”.
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In this Schedule—
“
“
“
In section 1 of the Act (authority of arbitrator to be irrevocable except by leave of the court), in its application to a judge-arbitrator or judge-umpire, the Court of Appeal shall be substituted for the High Court.
The power of the High Court under section 7 of the Act (vacancy among arbitrators supplied by parties) to set aside the appointment of an arbitrator shall not be exercisable in the case of the appointment of a judge-arbitrator.
Section 8(3) of the Act (power of High Court to order umpire to enter immediately on reference as sole arbitrator) shall not apply to a judge-umpire; but a judge-umpire may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, enter on the reference in lieu of the arbitrators and as if he were the sole arbitrator.
The powers conferred on the High Court or a judge thereof by section 12(4), (5) and (6) of the Act (summoning of witnesses, interlocutory orders, etc.) shall be exercisable in the case of a reference to a judge-arbitrator or judge-umpire as in the case of any other reference to arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.
Anything done by an arbitrator or umpire in the exercise of powers conferred by this paragraph shall be done by him in his capacity as judge of the High Court and have effect as if done by that court; but nothing in this paragraph prejudices any power vested in the arbitrator or umpire in his capacity as such.
Section 13(2) and (3) of the Act (extension of time for making award; provision for ensuring that reference is conducted with reasonable dispatch) shall not apply to a reference to a judge-arbitrator or judge-umpire; but a judge-arbitrator or judge-umpire may enlarge any time limited for making his award (whether under the Act or otherwise), whether that time has expired or not.
Section 18(4) of the Act (provision enabling a party in an arbitration to obtain an order for costs) shall apply, in the the case of a reference to a judge-arbitrator, with the ommission of the words from “within fourteen days” to “may direct”.
The power of the High Court to make declarations and orders for the purposes of section 18(5) of the Act (charging order for solicitor’s costs) shall be exercisable in the case of an arbitration by a judge-arbitrator or judge-umpire as in the case of any other arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.
A declaration or order made by an arbitrator or umpire in the exercise of the power conferred by the last foregoing subparagraph shall be made by him in his capacity as judge of the High Court and have effect as if made by that court.
Section 19 of the Act (power of the High Court to order delivery of award on payment of arbitrators’fees into court) shall not apply with respect to the award of a judge-arbitrator or judge-umpire.
A judge-umpire may withhold his award until the fees payable to the arbitrators have been paid into the High Court.
Arbitrators’fees paid into court under this paragraph shall be paid out in accordance with rules of court, subject to the right of any party to the reference to apply (in accordance with the rules) for any fee to be taxed, not being a fee which has been fixed by written agreement between him and the arbitrator.
A taxation under this paragraph may be reviewed in the same manner as a taxation of the costs of an award.
On a taxation under this paragraph, or on a reveiw thereof, an arbitrator shall be entitled to appear and be heard.
In sections . . .
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Section 24(2) of the Act (removal of issue of fraud for trial in the High Court) shall not apply to an agreement under or by virtue of which a judge-arbitrator or judge-umpire has been appointed; nor shall leave be given by the High Court under that subsection to revoke the authority of a judge-arbitrator or judge-umpire.
Where, on a reference of a dispute to a judge-arbitrator or judge-umpire, it appears to the judge that the dispute involves the question whether a party to the dispute has been guilty of fraud, he may, so far as may be necessary to enable that question to be determined by the High Court, order that the agreement by or by virtue of which he was appointed shall cease to have effect and revoke his authority as arbitrator or umpire.
An order made by a judge-arbitrator or judge-umpire under this paragraph shall have effect as if made by the High Court.
Section 25 of the Act (powers of court on removal of arbitrator or revocation of arbitration agreement) shall be amended as follows:—
after the words “
after those words where they occur for the second time in subsection (1) and for the third time in subsection (2) there shall be inserted the words “or the Court of Appeal, as the case may be”.
The leave required by section 26 of the Act (enforcement in High Court) for an award on an arbitration agreement to be enforced as mentioned in that section may, in the case of an award by a judge-arbitrator or a judge-umpire, be given by the judge-arbitrator or judge-umpire himself.
Sections 11, 12 and 14.
Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the
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Class 1, 2 and 4 contributions under Part I of the
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Section 28.
An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the
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.).
An order for periodical or other payments made, or having effect as if made, under Pt.II of the
An order for maintenance or other payments to or in respect of a spouse or child being an order made,
An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.
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An order
made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989
made under
An order to which section 16 of the
A maintenance order within the meaning of the
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A maintenance order within the meaning of Part I of the
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A decision or maintenance arrangement which is registered in
An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.
An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.
Section 41.
Where 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.
Where 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.
Where an appellant to
Where a person appeals to
Where a person is prosecuted or tried on indictment . . .
Where 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the criminal division of the Court of Appeal makes an order as to costs to be paid by—
an appellant;
an applicant for leave to appeal to that court; or
in the case of an application for leave to appeal to the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a court makes an order by virtue of
Where a court orders the payment of a charge in respect of relevant court costs under
Where under
Where under
Where under
Where under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.
Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.
Where 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.
Where an appellant to
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any 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.
Where 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 54.
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. |
. . . | ||
. . . | ||
. . . | ||
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). |