Supreme Court Act 1981
Part I CONSTITUTION OF SUPREME COURT
The Supreme Court
1 The Supreme Court.
The Court of Appeal
2 The Court of Appeal.
3 Divisions of Court of Appeal.
The High Court
4 The High Court.
5 Divisions of High Court.
6 The Patents, Admiralty and Commercial Courts.
7 Power to alter Divisions or transfer certain courts to different Divisions.
The Crown Court
8 The Crown Court.
Other provisions
9 Assistance for transaction of judicial business of Supreme Court.
10 Appointment of judges of Supreme Court.
11 Tenure of office of judges of Supreme Court.
12 Salaries etc. of judges of Supreme Court.
13 Precedence of judges of Supreme Court.
14 Power of judge of Supreme or Crown Court to act in cases relating to rates and taxes.
Part II JURISDICTION
The Court of Appeal
15 General jurisdiction of Court of Appeal.
16 Appeals from High Court.
17 Applications for new trial.
18 Restrictions on appeals to Court of Appeal.
The High Court
General jurisdiction
19 General jurisdiction of High Court.
Admiralty jurisdiction
20 Admiralty jurisdiction of High Court.
21 Mode of exercise of Admiralty jurisdiction.
22 Restrictions on entertainment of actions in personam in collision and other similar cases.
23 High Court not to have jurisdiction in cases within Rhine Convention.
24 Supplementary provisions as to Admiralty jurisdiction.
Other particular fields of jurisdiction
25 Probate jurisdiction of High Court.
26 Matrimonial jurisdiction of High Court.
27 Prize jurisdiction of High Court.
28 Appeals from Crown Court and inferior courts.
28A Proceedings on case stated by magistrates’ court or Crown Court.
29Mandatory, prohibiting and quashing orders
30 Injunctions to restrain persons from acting in offices in which they are not entitled to act.
31 Application for judicial review.
31ATransfer of judicial review applications to Upper Tribunal
Powers
32 Orders for interim payment.
32A Orders for provisional damages for personal injuries.
33 Powers of High Court exercisable before commencement of action.
34 Power of High Court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death.
35 Provisions supplementary to ss. 33 and 34.
35A Power of High Court to award interest on debts and damages.
36 Subpoena issued by High Court to run throughout United Kingdom.
37 Powers of High Court with respect to injunctions and receivers.
38 Relief against forfeiture for non-payment of rent.
39 Execution of instrument by person nominated by High Court.
40 Attachment of debts.
40A Administrative and clerical expenses of garnishees.
41 Wards of court.
42 Restriction of vexatious legal proceedings.
43 Power of High Court to vary sentence on application for quashing order.
43ZA Power of High Court to vary committal in default.
43A Specific powers of arbitrator exercisable by High Court.
Other provisions
44 Extraordinary functions of judges of High Court.
The Crown Court
45 General jurisdiction of Crown Court.
46 Exclusive jurisdiction of Crown Court in trial on indictment.
46A Offences committed on ships and abroad.
47 Sentences and other orders of Crown Court when dealing with offenders.
48 Appeals to Crown Court.
General Provisions
Law and equity
49 Concurrent administration of law and equity.
50 Power to award damages as well as, or in substitution for, injunction or specific performance.
Costs
51 Costs in civil division of Court of Appeal, High Court and county courts.
52 Costs in Crown Court.
Part III PRACTICE AND PROCEDURE
The Court of Appeal
Distribution of business
53 Distribution of business between civil and criminal divisions.
Composition of court
54 Court of civil division.
55 Court of criminal division.
56 Judges not to sit on appeal from their own judgments, etc.
56A Circuit judges not to sit on certain appeals.
56B Allocation of cases in criminal division.
Sittings and vacations
57 Sittings and vacations.
Other provisions
58 Calling into question of incidental decisions in civil division.
59 Form of judgment of court of criminal division.
60 Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory.
The High Court
Distribution of business
61 Distribution of business among Divisions.
62 Business of Patents, Admiralty and Commercial Courts.
63 Business assigned to specially nominated judges.
64 Choice of Division by plaintiff.
65 Power of transfer.
Divisional courts
66 Divisional courts of High Court.
Mode of conducting business
67 Proceedings in court and in chambers.
68 Exercise of High Court jurisdiction otherwise than by judges of that court.
69 Trial by jury.
70 Assessors and scientific advisers.
Sittings and vacations
71 Sittings and vacations.
Other provisions
72 Withdrawal of privilege against incrimination of self or spouse in certain proceedings.
The Crown Court
Composition of court
73 General provisions.
74 Appeals and committals for sentence.
Distribution of business
75 Allocation of cases according to composition of court, etc.
76 Committal for trial: alteration of place of trial.
77 Committal for trial: date of trial.
Sittings
78 Sittings.
Other provisions
79 Practice and procedure in connection with indictable offences and appeals.
80 Process to compel appearance.
81 Bail.
82 Duties of officers of Crown Court.
83 Right of audience for solicitors in certain Crown Court centres.
Rules of Court
84 Power to make rules of court.
85 The Supreme Court Rule Committee.
86 The Crown Court Rule Committee.
86AProcess for making rules of court under section 84
86BRules to be made if required by Lord Chancellor
87 Particular matters for which rules of court may provide.
Part IV OFFICERS AND OFFICES
Appointment of certain officers of Supreme Court
88 Qualification for office.
89 Masters and registrars.
90 Official Solicitor.
91 Deputies and temporary appointments.
Other provisions relating to officers of Supreme Court
92 Tenure of office.
93 Status of officers for purposes of salary and pension.
94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Property held by officers.
Central Office and Accountant General
96 Central Office.
97 Accountant General.
Judges’ clerks and secretaries
98 Judges’ clerks and secretaries.
District registries and district registrars
99 District registries.
100 District registrars.
101 Power of one district registrar to act for another.
102 Deputy district registrars.
103 Assistant district registrars.
District probate registries
104 District probate registries.
Part V PROBATE CAUSES AND MATTERS
Procedure in probate registries in relation to grants of representation
105 Applications.
106 Grants by district probate registrars.
107 No grant where conflicting applications.
108 Caveats.
109 Refusal of grant where capital transfer tax unpaid.
110 Documents to be delivered to Commissioners of Inland Revenue.
111 Records of grants.
Powers of court in relation to personal representatives
112 Summons to executor to prove or renounce.
113 Power of court to sever grant.
114 Number of personal representatives.
115 Grants to trust corporations.
116 Power of court to pass over prior claims to grant.
117 Administration pending suit.
118 Effect of appointment of minor as executor.
119 Administration with will annexed.
120 Power to require administrators to produce sureties.
Revocation of grants and cancellation of resealing at instance of court
121 Revocation of grants and cancellation of resealing at instance of court.
Ancillary powers of court
122 Examination of person with knowledge of testamentary document.
123 Subpoena to bring in testamentary document.
Provisions as to documents
124 Place for deposit of original wills and other documents.
125 Copies of wills and grants.
126 Depositories for wills of living persons.
Probate rules
127 Probate rules.
Interpretation of Part V and other probate provisions
128 Interpretation of Part V and other probate provisions.
Part VI MISCELLANEOUS AND SUPPLEMENTARY
Miscellaneous provisions
129 Lords Commissioners to represent Lord Chancellor when Great Seal in commission.
130 Fees to be taken in Supreme Court.
131 Conveyancing counsel of Supreme Court.
132 Proof of documents bearing seal or stamp of Supreme Court or any office thereof.
133 Enrolment and engrossment of instruments.
134 Powers of attorney deposited before October 1971.
135 Bonds given under order of court.
136 Production of documents filed in, or in custody of, Supreme Court.
137 Money paid into court under enactment subsequently repealed.
138 Effect of writs of execution against goods.
138A Sales under executions.
138B Protection of officer selling goods under execution.
139 Attachment of National Savings Bank deposits.
140 Enforcement of fines and forfeited recognizances.
141 Abolition of certain writs.
142 Selection of judges for trial of election petitions.
143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145 Amendment of Courts-Martial (Appeals) Act 1968.
146 Amendment of Courts Act 1971.
147 Amendment of Solicitors Act 1974.
148 Amendment of Arbitration Act 1979.
149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
150 Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc.
151 Interpretation of this Act, and rules of construction for other Acts and documents.
152 Amendments of other Acts, transitional provisions, savings and repeals.
153 Citation, commencement and extent.
SCHEDULES
SCHEDULE 1 Distribution of Business in High Court
Chancery Division
1To the Chancery Division are assigned all causes and matters...
Queen’s Bench Division
2To the Queen’s Bench Division are assigned—
Family Division
3To the Family Division are assigned— (a) all matrimonial causes...
SCHEDULE 2 List of Offices in Supreme Court for Purposes of Part IV
Part I
Part II
Part III
SCHEDULE 3
SCHEDULE 4 Construction of References to Superseded Courts and Officers
General
1(1) So much of any enactment as refers or relates...
The Accountants-General of the Courts of Chancery and Exchequer
2Any enactment or document referring to the Accountant-General of the...
The Court of Criminal Appeal and its registrar
3In any enactment or document passed or made before 1st...
Principal registrar of Family Division
4In any enactment or document passed or made before the...
SCHEDULE 5 Consequential Amendments
COLONIAL PROBATES ACT 1892 (c. 6)
In section 2(1), for “156A of the Supreme Court of...
. . . . . . . . . ....
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ADMINISTRATION OF ESTATES ACT 1925 (c. 23)
In section 47A(7) (notices to principal registrar of Family Division)—...
LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11)
In section 3(1), “for Supreme Court of Judicature (Consolidation) Act...
FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c. 13)
1In section 3(1), for “ninety-nine of the Supreme Court of...
2. . . . . . . . . ....
ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 (c. 36)
Section 2(2)(b) shall continue to have effect with the amendments...
. . . . . . . . . ....
. . . . . . . . . ....
CRIMINAL JUSTICE ACT 1948 (c. 58)
In section 37(4), for “ninety-nine of the Supreme Court of...
CONSULAR CONVENTIONS ACT 1949 (c. 29)
In section 1(4)— for “(1) of section one hundred and...
ARBITRATION ACT 1950 (c. 27)
In section 38(3), for “ninety-nine of the Supreme Court of...
ARMY ACT 1955 (c. 18)
Section 110(1) shall continue to have effect with the amendments...
AIR FORCE ACT 1955 (c. 19)
[Section 110(1) shall continue to have effect with the amendments...
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
. . . . . . . . . ....
PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)
In paragraph 2(2) of Schedule 2, for “forty-nine of the...
NURSES (AMENDMENT) ACT 1961 (c. 14)
In section 9(2), for “forty-nine of the Supreme Court of...
RIVERS (PREVENTION OF POLLUTION) ACT 1961 (c. 50)
In section 6(5), for “twenty-seven of the Supreme Court of...
PUBLIC HEALTH ACT 1961 (c. 64)
. . . . . . . . . ....
ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)
In section 28 (exception of prerogative proceedings from general power...
ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)
1In section 4(1) (mode of effecting payment of money into...
2In section 6 (mode of dealing with money in Supreme...
3In section 18, in the definition of “Supreme Court”, for...
VETERINARY SURGEONS ACT 1966 (c. 36)
In paragraph 4(2) of Schedule 2, for “49 of the...
ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 (c. 41)
In sections 1(6) and 2(2), for “99 of the Supreme...
MATRIMONIAL CAUSES ACT 1967 (c. 56)
In section 10(1), for the definition of “matrimonial cause” substitute—...
CRIMINAL APPEAL ACT 1968 (c. 19)
1In section 33 (right of appeal to House of Lords...
2For subsection (1) of, and the side-note to, section 45...
3In Schedule 2 (provisions applicable on order for retrial), paragraph...
HEARING AID COUNCIL ACT 1968 (c. 50)
In section 10(2), for “49 of the Supreme Court of...
HOVERCRAFT ACT 1968 (c. 59)
1In section 1(1)(h)(i) (power to apply to hovercraft etc. enactments...
2(1) Section 2 (Admiralty jurisdiction etc.) shall be amended as...
. . . . . . . . . ....
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ADMINISTRATION OF ESTATES ACT 1971 (c. 25)
1(1) Section 11 (sealing of Commonwealth and Colonial grants) shall...
2In section 14(3), for “8” substitute “ 9 ”.
MISUSE OF DRUGS ACT 1971 (c. 38)
In paragraph 5(2) of Schedule 3, for “49 of the...
MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59)
In section 13(1) (extension of Admiralty jurisdiction in claims for...
TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)
In section 13(2), for “27 of the Supreme Court of...
. . . . . . . . . ....
LAND CHARGES ACT 1972 (c. 61)
In section 6(4) (effect of non-registration of writs and orders...
HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)
In section 69(4), for “27 of the Supreme Court of...
. . . . . . . . . ....
MERCHANT SHIPPING ACT 1974 (c. 43)
In section 6(1) (extension of Admiralty jurisdiction in claims for...
SOLICITORS ACT 1974 (c. 47)
1In section 19(2), for “120 of the Supreme Court of...
2After section 81 insert— Fees for administering oaths and taking...
HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)
In Part III of Schedule 1, in the entry beginning...
NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)
Part 111 of Schedule 1 shall have effect with the...
EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34)
1In section 4 (extension of powers of High Court etc....
2In section 7, for “99 of the Supreme Court of...
FARRIERS (REGISTRATION) ACT 1975 (c. 35)
In paragraph 4(2) of Schedule 3, for “49 of the...
TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32)
In section 4— in subsection (4), for “99 of the...
INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46)
In section 19(2), for “49 of the Supreme Court of...
. . . . . . . . . ....
EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44)
In paragraph 8(2) of Schedule 11, for “9 of the...
ARBITRATION ACT 1979 (c. 42)
In section 2(3), for “27 of the Supreme Court of...
CHARGING ORDERS ACT 1979 (c. 53)
In section 5(2), for “99 of the Supreme Court of...
MAGISTRATES’ COURTS ACT 1980 (c. 43)
1After section 43 insert— Functions of magistrates’ court where a...
2In section 87(2) for “penalty” substitute “ sum ”.
. . . . . . . . . ....
JUDICIAL PENSIONS ACT 1981 (c. 20)
1For subsection (2) of section 34 (county court registrars and...
2Schedule 1 (pensions, etc. of certain judicial officers) shall be...
SCHEDULE 6 Transitional Provisions and Savings
1. . . . . . . . . ....
Continuity of appointments of officers
2(1) Any person holding an office immediately before the commencement...
Tenure, etc. of certain officers
3. . . . . . . . . ....
4. . . . . . . . . ....
5This Act, so far as it amends or repeals any...
6. . . . . . . . . ....
Inland Revenue affidavits
7In relation to deaths occurring before 13th March 1975 (the...
Grants of representation made under provisions of 1925 Act not reproduced in this Act
8Nothing in the repeals made by this Act shall affect—...
Minor executors
9Any appointment of a minor as executor which, immediately before...
Administration bonds given before 1st January 1972
10Nothing in this Act shall affect the continued operation of...
Grants and resealings liable to revocation or cancellation at instance of court
11Section 121 applies whether the grant in question was made...
Appeals from certain orders and decisions under section 54(3) of Magistrates’ Courts Act 1952
12In paragraph 3(d) of Schedule 1, the reference to an...
Interpretation
13(1) In this Schedule “the 1925 Act” means the Supreme...
SCHEDULE 7

Supreme Court Act 1981

1981 c. 54

E1C1An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the Supreme Court in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes.

Annotations:
Extent Information
E1

For extent see s. 153(4)(5)

Modifications etc. (not altering text)
C1

By Criminal Justice Act 1991 (c. 53 SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.