Supreme Court Act 1981

1. Introductory Text

2. PART I CONSTITUTION OF SUPREME COURT

   1. The Supreme Court

      1. 1. The Supreme Court

   2. The Court of Appeal

      1. 2. The Court of Appeal

      2. 3. Divisions of Court of Appeal

   3. The High Court

      1. 4. The High Court

      2. 5. Divisions of High Court

      3. 6. The Patents, Admiralty and Commercial Courts

      4. 7. Power to alter Divisions or transfer certain courts to different Divisions

   4. The Crown Court

      1. 8. The Crown Court

   5. Other provisions

      1. 9. Assistance for transaction of judicial business of Supreme Court

      2. 10. Appointment of judges of Supreme Court

      3. 11. Tenure of office of judges of Supreme Court

      4. 12. Salaries etc. of judges of Supreme Court

      5. 13. Precedence of judges of Supreme Court

      6. 14. Power of judge of Supreme or Crown Court to act in cases relating to rates and taxes

3. PART II JURISDICTION

   1. The Court of Appeal

      1. 15. General jurisdiction of Court of Appeal

      2. 16. Appeals from High Court

      3. 17. Applications for new trial

      4. 18. Restrictions on appeals to Court of Appeal

   2. The High Court

      1. General jurisdiction

         1. 19. General jurisdiction of High Court

      2. Admiralty jurisdiction

         1. 20. Admiralty jurisdiction of High Court

         2. 21. Mode of exercise of Admiralty jurisdiction

         3. 22. Restrictions on entertainment of actions in personam in collision and other similar cases

         4. 23. High Court not to have jurisdiction in cases within Rhine Convention

         5. 24. Supplementary provisions as to Admiralty jurisdiction

      3. Other particular fields of jurisdiction

         1. 25. Probate jurisdiction of High Court

         2. 26. Matrimonial jurisdiction of High Court

         3. 27. Prize jurisdiction of High Court

         4. 28. Appeals from Crown Court and inferior courts

         5. 29. Orders of mandamus, prohibition and certiorari

         6. 30. Injunctions to restrain persons from acting in offices in which they are not entitled to act

         7. 31. Application for judicial review

      4. Powers

         1. 32. Orders for interim payment

         2. 33. Powers of High Court exercisable before commencement of action

         3. 34. Power of High Court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death

         4. 35. Provisions supplementary to ss. 33 and 34

         5. 36. Subpoena issued by High Court to run throughout United Kingdom

         6. 37. Powers of High Court with respect to injunctions and receivers

         7. 38. Relief against forfeiture for non-payment of rent

         8. 39. Execution of instrument by person nominated by High Court

         9. 40. Attachment of debts

         10. 41. Wards of court

         11. 42. Restriction of vexatious legal proceedings

         12. 43. Power of High Court to vary sentence on certiorari

      5. Other provisions

         1. 44. Extraordinary functions of judges of High Court

   3. The Crown Court

      1. 45. General jurisdiction of Crown Court

      2. 46. Exclusive jurisdiction of Crown Court in trial on indictment

      3. 47. Sentences and other orders of Crown Court when dealing with offenders

      4. 48. Appeals to Crown Court

   4. General Provisions

      1. Law and equity

         1. 49. Concurrent administration of law and equity

         2. 50. Power to award damages as well as, or in substitution for, injunction or specific performance

      2. Costs

         1. 51. Costs in civil division of Court of Appeal and High Court

         2. 52. Costs in Crown Court

4. PART III PRACTICE AND PROCEDURE

   1. The Court of Appeal

      1. Distribution of business

         1. 53. Distribution of business between civil and criminal divisions

      2. Composition of court

         1. 54. Court of civil division

         2. 55. Court of criminal division

         3. 56. Judges not to sit on appeal from their own judgments, etc.

      3. Sittings and vacations

         1. 57. Sittings and vacations

      4. Other provisions

         1. 58. Exercise of incidental jurisdiction in civil division

         2. 59. Form of judgment of court of criminal division

         3. 60. Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory

   2. The High Court

      1. Distribution of business

         1. 61. Distribution of business among Divisions

         2. 62. Business of Patents, Admiralty and Commercial Courts

         3. 63. Business assigned to specially nominated judges

         4. 64. Choice of Division by plaintiff

         5. 65. Power of transfer

      2. Divisional courts

         1. 66. Divisional courts of High Court

      3. Mode of conducting business

         1. 67. Proceedings in court or in chambers

         2. 68. Exercise of High Court jurisdiction otherwise than by judges of that court

         3. 69. Trial by jury

         4. 70. Assessors and scientific advisers

      4. Sittings and vacations

         1. 71. Sittings and vacations

      5. Other provisions

         1. 72. Withdrawal of privilege against incrimination of self or spouse in certain proceedings

   3. The Crown Court

      1. Composition of court

         1. 73. General provisions

         2. 74. Appeals and committals for sentence

      2. Distribution of business

         1. 75. Allocation of cases according to composition of court, etc.

         2. 76. Committal for trial: alteration of place of trial

         3. 77. Committal for trial: date of trial

      3. Sittings

         1. 78. Sittings

      4. Other provisions

         1. 79. Practice and procedure in connection with indictable offences and appeals

         2. 80. Process to compel appearance

         3. 81. Bail

         4. 82. Duties of officers of Crown Court

         5. 83. Right of audience for solicitors

   4. Rules of Court

      1. 84. Power to make rules of court

      2. 85. The Supreme Court Rule Committee

      3. 86. The Crown Court Rule Committee

      4. 87. Particular matters for which rules of court may provide

5. PART IV OFFICERS AND OFFICES

   1. Appointment of certain officers of Supreme Court

      1. 88. Qualification for office

      2. 89. Masters and registrars

      3. 90. Official Solicitor

      4. 91. Deputies and temporary appointments

   2. Other provisions relating to officers of Supreme Court

      1. 92. Tenure of office

      2. 93. Status of officers for purposes of salary and pension

      3. 94. Officers not to practise as barristers or solicitors

      4. 95. Property held by officers

   3. Central Office and Accountant General

      1. 96. Central Office

      2. 97. Accountant General

   4. Judges' clerks and secretaries

      1. 98. Judges' clerks and secretaries

   5. District registries and district registrars

      1. 99. District registries

      2. 100. District registrars

      3. 101. Power of one district registrar to act for another

      4. 102. Deputy district registrars

      5. 103. Assistant district registrars

   6. District probate registries

      1. 104. District probate registries

6. PART V PROBATE CAUSES AND MATTERS

   1. Procedure in probate registries in relation to grants of representation

      1. 105. Applications

      2. 106. Grants by district probate registrars

      3. 107. No grant where conflicting applications

      4. 108. Caveats

      5. 109. Refusal of grant where capital transfer tax unpaid

      6. 110. Documents to be delivered to Commissioners of Inland Revenue

      7. 111. Records of grants

   2. Powers of court in relation to personal representatives

      1. 112. Summons to executor to prove or renounce

      2. 113. Power of court to sever grant

      3. 114. Number of personal representatives

      4. 115. Grants to trust corporations

      5. 116. Power of court to pass over prior claims to grant

      6. 117. Administration pending suit

      7. 118. Effect of appointment of minor as executor

      8. 119. Administration with will annexed

      9. 120. Power to require administrators to produce sureties

   3. Revocation of grants and cancellation of resealing at instance of court

      1. 121. Revocation of grants and cancellation of resealing at instance of court

   4. Ancillary powers of court

      1. 122. Examination of person with knowledge of testamentary document

      2. 123. Subpoena to bring in testamentary document

   5. Provisions as to documents

      1. 124. Place for deposit of original wills and other documents

      2. 125. Copies of wills and grants

      3. 126. Depositories for wills of living persons

   6. Probate rules

      1. 127. Probate rules

   7. Interpretation of Part V and other probate provisions

      1. 128. Interpretation of Part V and other probate provisions

7. PART VI MISCELLANEOUS AND SUPPLEMENTARY

   1. Miscellaneous provisions

      1. 129. Lords Commissioners to represent Lord Chancellor when Great Seal in commission

      2. 130. Fees to be taken in Supreme Court

      3. 131. Conveyancing counsel of Supreme Court

      4. 132. Proof of documents bearing seal or stamp of Supreme Court or any office thereof

      5. 133. Enrolment and engrossment of instruments

      6. 134. Powers of attorney deposited before October 1971

      7. 135. Bonds given under order of court

      8. 136. Production of documents filed in, or in custody of, Supreme Court

      9. 137. Money paid into court under enactment subsequently repealed

      10. 138. Effect of writs of execution against goods

      11. 139. Attachment of National Savings Bank deposits

      12. 140. Enforcement of fines and forfeited recognizances

      13. 141. Abolition of certain writs

      14. 142. Selection of judges for trial of election petitions

      15. 143. Expenses of Lord Chancellor in administering funds in court

      16. 144. Amendment of Part VIII of Mental Health Act 1959

      17. 145. Amendment of Courts-Martial (Appeals) Act 1968

      18. 146. Amendment of Courts Act 1971

      19. 147. Amendment of Solicitors Act 1974

      20. 148. Amendment of Arbitration Act 1979

      21. 149. Amendment of law relating to county courts

   2. Supplementary

      1. 150. Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc.

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

      3. 152. Amendments of other Acts, transitional provisions, savings and repeals

      4. 153. Citation, commencement and extent

8. SCHEDULES

   1. SCHEDULE 1

      Distribution of Business in High Court

      1. Chancery Division

         1. 1. To the Chancery Division are assigned all causes and matters...

      2. Queen's Bench Division

         1. 2. To the Queen's Bench Division are assigned—

      3. Family Division

         1. 3. To the Family Division are assigned— (a) all matrimonial causes...

   2. SCHEDULE 2

      List of Offices in Supreme Court for Purposes of Part IV

      1. PART I

      2. PART II

      3. PART III

   3. SCHEDULE 3

      Amendments of County Courts Act 1959

      1. 1. For section 18(1) (appointment of registrars) substitute—

      2. 2. (1) For sections 22 (whole-time registrars and assistant registrars) and...

      3. 3. For section 40 (money recoverable by statute) substitute— Money recoverable...

      4. 4. In section 56 (Admiralty jurisdiction)— (a) in subsection (1)(f), for...

      5. 5. For section 57 substitute— Mode of exercise of Admiralty jurisdiction....

      6. 6. For section 73 substitute— Persons who may exercise jurisdiction. (1) Any jurisdiction and powers conferred by this or any...

      7. 7. For section 75 substitute— Ancillary powers of judge. A judge shall have jurisdiction in any pending proceedings to...

      8. 8. After section 75 insert— Transfer of proceedings from High Court...

      9. 9. In section 87(1) (persons who may take affidavits in county...

      10. 10. For section 94(3) (trial by jury) substitute—

      11. 11. After section 101 insert— Interest on judgment debts etc. (1) The Lord Chancellor may by order made with the...

      12. 12. For subsection (3)(c) of section 102 (county court rules) substitute—...

      13. 13. In section 106(1) (removal of action of replevin to High...

      14. 14. For section 108 substitute— Appeals general provisions. (1) Subject to the provisions of this section and the...

      15. 15. Omit section 109 (appeals on questions of fact).

      16. 16. In section 112(1) (judge's note on appeal) after " appeal"...

      17. 17. In section 124 (goods which may be seized) after subsection...

      18. 18. Before section 134 insert— Effect of warrants of execution. (1) Subject— (a) to subsection (2) of this section ;...

      19. 19. In section 135 (sale of goods where claim made therein)—...

      20. 20. In section 138 (execution out of jurisdiction of court) insert...

      21. 21. After section 138 insert— Information as to writs and warrants...

      22. 22. For section 143 substitute— Attachment of debts. (1) Subject to any order for the time being in...

      23. 23. For paragraph (g) of section 168 (payment of funds into...

      24. 24. In section 172 (provision as to closed accounts)—

      25. 25. In section 174 (transfer to county court of money recovered...

      26. 26. After section 174 insert— Transfer to High Court of money...

      27. 27. In section 186 (proof of service of summons, &c.)—

      28. 28. Before section 200 insert— Lords Commissioners to represent Lord Chancellor...

      29. 29. In section 201 (interpretation)— (a) after the definition of "...

   4. SCHEDULE 4

      Construction of References to Superseded Courts and Officers

      1. General

         1. 1. (1) So much of any enactment as refers or relates...

      2. The Accountants-General of the Courts of Chancery and Exchequer

         1. 2. Any enactment or document referring to the Accountant-General of the...

      3. The Court of Criminal Appeal and its registrar

         1. 3. In any enactment or document passed or made before 1st...

      4. Principal registrar of Family Division

         1. 4. In any enactment or document passed or made before the...

   5. SCHEDULE 5

      Consequential Amendments C

      1. COLONIAL PROBATES ACT 1892 (c. 6)

      2. SMALL DWELLINGS ACQUISITION ACT 1899 (c.44)

      3. BANKRUPTCY ACT 1914 (c. 59)

      4. ADMINISTRATION OF ESTATES ACT 1925 (c. 23)

      5. LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11)

      6. FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c 13)

         1. 1. In section 3(1), for "ninety-nine of the Supreme Court of...

         2. 2. In section 10, for "two hundred and thirteen of the...

      7. ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 (c. 36)

      8. EXCHANGE CONTROL ACT 1947 (c. 14)

      9. COMPANIES ACT 1948 (c. 38)

      10. CRIMINAL JUSTICE ACT 1948 (c. 58)

      11. CONSULAR CONVENTIONS ACT 1949 (c. 29)

      12. ARBITRATION ACT 1950 (c. 27)

      13. ARMY ACT 1955 (c. 18)

      14. AIR FORCE ACT 1955 (c. 19)

      15. MEDICAL ACT 1956 (c. 76)

      16. DENTISTS ACT 1957 (c. 28)

      17. OPTICIANS ACT 1958 (c. 32)

      18. MENTAL HEALTH ACT 1959 (c. 72)

          1. 1. In section 73 (removal to hospital of certain prisoners), for...

          2. 2. In section 100(2) (Court of Protection and appointment of Master...

          3. 3. In section 110(4), for "forty-nine of the Supreme Court of...

      19. PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)

      20. NURSES (AMENDMENT) ACT 1961 (c. 14)

      21. RIVERS (PREVENTION OF POLLUTION) ACT 1961 (c. 50)

      22. PUBLIC HEALTH ACT 1961 (c. 64)

      23. ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)

      24. ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)

          1. 1. In section 4(1) (mode of effecting payment of money into...

          2. 2. In section 6 (mode of dealing with money in Supreme...

          3. 3. In section 18, in the definition of "Supreme Court", for...

      25. VETERINARY SURGEONS ACT 1966 (c. 36)

      26. ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 (c. 41)

      27. MATRIMONIAL CAUSES ACT 1967 (c. 56)

      28. CRIMINAL APPEAL ACT 1968 (c 19)

          1. 1. In section 33 (right of appeal to House of Lords...

          2. 2. For subsection (1) of, and the side-note to, section 45...

          3. 3. In Schedule 2 (provisions applicable on order for retrial), paragraph...

      29. HEARING AID COUNCIL ACT 1968 (c. 50)

      30. HOVERCRAFT ACT 1968 (c. 59)

          1. 1. In section 1(1)(h)(i) (power to apply to hovercraft etc. enactments...

          2. 2. (1) Section 2 (Admiralty jurisdiction etc.) shall be amended as...

      31. ADMINISTRATION OF JUSTICE ACT 1970 (c. 31)

      32. COURTS ACT 1971 (c. 23)

      33. ADMINISTRATION OF ESTATES ACT 1971 (c. 25)

          1. 1. (1) Section 11 (sealing of Commonwealth and Colonial grants) shall...

          2. 2. In section 14(3), for " 8 " substitute "9".

      34. MISUSE OF DRUGS ACT 1971 (c. 38)

      35. MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59)

      36. TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)

      37. TOWN AND COUNTRY PLANNING ACT 1971 (c. 78)

      38. LAND CHARGES ACT 1972 (c. 61)

      39. HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)

      40. CONTROL OF POLLUTION ACT 1974 (c. 40)

      41. MERCHANT SHIPPING ACT 1974 (c. 43)

      42. SOLICITORS ACT 1974 (c. 47)

          1. 1. In section 19(2), for " 120 of the Supreme Court...

          2. 2. After section 81 insert— Fees for administering oaths and taking...

      43. HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)

      44. NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)

      45. EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34)

          1. 1. In section 4 (extension of powers of High Court etc....

          2. 2. In section 7, for " 99 of the Supreme Court...

      46. FARRIERS (REGISTRATION) ACT 1975 (c. 35)

      47. TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32)

      48. INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46)

      49. MEDICAL ACT 1978 (c. 12)

      50. EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44)

      51. ARBITRATION ACT 1979 (c. 42)

      52. CHARGING ORDERS ACT 1979 (c. 53)

      53. MAGISTRATES' COURTS ACT 1980 (c. 43)

          1. 1. After section 43 insert— Functions of magistrates' court where a...

      54. FINANCE ACT 1980 (c. 48)

      55. JUDICIAL PENSIONS ACT 1981 (c. 20)

          1. 1. For subsection (2) of section 34 (county court registrars and...

          2. 2. Schedule 1 (pensions, etc. of certain judicial officers) shall be...

   6. SCHEDULE 6

      Transitional Provisions and Savings

      1. Continuance in office of Vice-Chancellor

         1. 1. On and after the date of commencement of this Act...

      2. Continuity of appointments of officers

         1. 2. (1) Any person holding an office immediately before the commencement...

      3. Tenure, etc. of certain officers

         1. 3. (1) In relation to any person who held the office...

         2. 4. (1) If, in the case of any person holding the...

         3. 5. This Act, so far as it amends or repeals any...

      4. Scheme for establishment of district probate registries

         1. 6. The scheme for the establishment of district probate registries as...

      5. Inland Revenue affidavits

         1. 7. In relation to deaths occurring before 13th March 1975 (the...

      6. Grants of representation made under provisions of 1925 Act not reproduced in this Act

         1. 8. Nothing in the repeals made by this Act shall affect—...

      7. Minor executors

         1. 9. Any appointment of a minor as executor which, immediately before...

      8. Administration bonds given before 1st January 1972

         1. 10. Nothing in this Act shall affect the continued operation of...

      9. Grants and resealings liable to revocation or cancellation at instance of court

         1. 11. Section 121 applies whether the grant in question was made...

      10. Appeals from certain orders and decisions under section 54(3) of Magistrates' Courts Act 1952

          1. 12. In paragraph 3(d) of Schedule 1, the reference to an...

      11. Interpretation

          1. 13. (1) In this Schedule "the 1925 Act" means the Supreme...

   7. SCHEDULE 7

      Repeals