Senior Courts Act 1981 (c. 54)

Part VI U.K. MISCELLANEOUS AND SUPPLEMENTARY

Supplementary U.K.

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

(1) Her Majesty may by Order in Council—

(a) direct that any of the provisions of sections 20 to 24 specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands or the Isle of Man; or

(b) make, for any of the Channel Islands or the Isle of Man, provision for any purposes corresponding to the purposes of any of the provisions of those sections.

(2) Her Majesty may by order in Council direct, either generally or in relation to particular courts or territories, that the M1 Colonial Courts of Admiralty Act 1890 shall have effect as if for the reference in section 2(2) of that Act to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of this Act, subject, however to such adaptations and modifications of section 20 as may be specified in the Order.

(3) Her Majesty may by Order in Council direct that any of the provisions of sections 21 to 24 shall extend, with such exceptions, adaptations and modifications as may be specified in the Order, to any colony or to any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

(4) Subsections (1) and (3) shall each have effect as if the provisions there mentioned included section 2(2) of the M2 Hovercraft Act 1968 (application of the law relating to maritime liens in relation to hovercraft and property connected with them).

Marginal Citations

M1 1890 c. 27.

M2 1968 c. 59.

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

(1) In this Act, unless the context otherwise requires—

• “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;

• “appeal”, in the context of appeals to the civil division of the Court of Appeal, includes—

  (a)

  an application for a new trial, and

  (b)

  an application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury;

• [F1 “arbitration agreement” has the same meaning as it has in the [F2 Part I of the Arbitration Act 1996;]]

• “cause” means any action or any criminal proceedings;

• “Division”, where it appears with a capital letter, means a division of the High Court;

• “judgment” includes a decree;

• “jurisdiction” includes powers;

• “matter” means any proceedings in court not in a cause;

• “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

• “prescribed” means—

  (a)

  except in relation to fees, prescribed by rules of court; F3 . . .

  (b)

  F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F4 “qualifying judge advocate” means—

  (a)

  the Judge Advocate General; or

  (b)

  a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);]

• [F5 “senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;]

• “solicitor” means a solicitor of the [F6 Senior Courts];

• “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the M3 Interpretation Act 1978), whenever made;

• “this or any other Act” includes an Act passed after this Act.

(2) Section 128 contains definitions of expressions used in Part V and in the other provisions of this Act relating to probate causes and matters.

(3) Any reference in this Act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other Act which confers on the [F7 Civil Procedure Rule Committee] F8 ... power to make rules of court [F9 in relation to the [F6 Senior Courts]].

(4) Except where the context otherwise requires, in this or any other Act—

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “divisional court” (with or without capital letters) means a divisional court constituted under section 66;

• “judge of the [F6 Senior Courts]” means—

  (a)

  a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), or

  (b)

  a judge of the High Court,

  and accordingly does not include, as such, a judge of the Crown Court;

• “official referees’ business” has the meaning given by section 68(6);

• [F12 “Rules of the [F6 Senior Courts]” means rules of court made by the [F6 Senior Courts] Rules Committee.]

(5) The provisions of Schedule 4 (construction of references to superseded courts and officers) shall have effect.

Extent Information

E1 S. 151: for extent of s. 151(1), see s. 135(5); s. 151(2) -(5) extends to E.W. only

Textual Amendments

F1 Definition of "arbitration agreement" inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 41.; S.I. 1991/608, art. 2, Sch.

F2 Words in definition of “arbitration agreement” in s. 151 substituted (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 3 para. 37(3) (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2 para. 1)

F3 S. 151(1): para. (b) and preceding word in definition of "prescribed" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 265, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

F4 Words in s. 151(1) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 5; S.I. 2012/669, art. 4(c)

F5 S. 151(1): definition of "senior judge" substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 146; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(q)

F6 Words in s. 151 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1)(2); S.I. 2009/1604, art. 2(b)(d)

F7 Words in s. 151(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(7)(a); S.I. 1999/1009, art. 3(e)

F8 Words in s. 151(3) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 1 para. 6

F9 Words in s. 151(3) inserted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(7)(a); S.I. 1999/1009, art. 3(e)

F10 S. 151(4): definition of "Criminal Appeal Rules" repealed (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 18 (with art. 2(2))

F11 S. 151(4): definition of "Crown Court Rules" repealed (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 18 (with art. 2(2))

F12 Definition of “Rules of the Supreme Court” in s. 151(4) omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(7)(b); S.I. 1999/1009, art. 3(e)

Marginal Citations

M3 1978 c. 30.

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

X1 (1) The enactments specified in Schedule 5 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This Act shall have effect subject to the transitional provisions and savings contained in Schedule 6.

X1 (4) The enactments mentioned in Schedule 7 (which include certain obsolete or unnecessary provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(5) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F13 S. 152(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

F14 S. 152(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

153 Citation, commencement and extent. U.K.

(1) This Act may be cited as the [F15 Senior Courts] Act 1981.

(2) This Act, except the provisions mentioned in subsection (3), shall come into force on 1st January 1982; and references to the commencement of this Act shall be construed as references to the beginning of that day.

(3) Sections 72, 143 and 152(2) and this section shall come into force on the passing of this Act.

(4) In this Act—

(a) the following provisions extend to Scotland, namely—

• section 80(3);

• section 152(4) and Schedule 7, so far as they relate to the M4 Admiralty Court Act 1861;

(b) the following provisions extend to Northern Ireland so far as they relate to the M5 Northern Ireland Assembly Disqualification Act 1975, namely—

• section 152(1) and Schedule 5;

• section 152(3) and paragraph 3(1) of Schedule 6;

(c) the following provisions extend to Scotland and Northern Ireland, namely—

• section 36;

• sections 132 and 134(3);

• section 152(1) and Schedule 5, so far as they amend—

  (i)

  references to section 49 of the M6 [F15 Senior Courts] of Judicature (Consolidation) Act 1925,

  (ii)

  the M7 House of Commons Disqualification Act 1975, and

  (iii)

  section 4 of the M8 Evidence (Proceedings in Other Jurisdictions) Act 1975;

• section 152(3) and paragraph 3(1) of Schedule 6, so far as they relate to the House of Commons Disqualification Act 1975;

• section 152(4) and Schedule 7, so far as they relate to—

  (i)

  provisions of the M9 [F15 Senior Courts] of Judicature (Consolidation) Act 1925 which extend throughout the United Kingdom,

  (ii)

  the M10 Evidence and Powers of Attorney Act 1940, and

  (iii)

  section 57(3)(a) of the M11 Courts Act 1971;

(d) section 145 extends to any place to which the M12 Courts-Martial (Appeals) Act 1968 extends, and section 152(1) and (4) and Schedules 5 and 7, so far as they relate to any of the following enactments, namely—

• M13 Army Act 1955,

• M14 Air Force Act 1955,

• section 9(2) of, and Part II of Schedule 1 to, the M15 Criminal Appeal Act 1966,

• Courts-Martial (Appeals) Act 1968,

• M16 Hovercraft Act 1968,

• F16 . . .

extend to any place to which that enactment extends;

but, save as aforesaid, the provisions of this Act, other than those mentioned in subsection (5), extend to England and Wales only.

(5) The provisions of this Act whose extent is not restricted by subsection (4) are—

• section 27;

• section 150;

• section 151(1);

• section 152(4) and Schedule 7 as far as they relate to the M17 Naval Prize Act 1864, the M18 Prize Courts Act 1915 and section 56 of the M19 Administration of Justice Act 1956;

• this section;

• paragraph 1 of Schedule 4.

Textual Amendments

F15 Words in s. 153 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F16 Words in s. 153(4)(d) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch.12 (with ss. 312(1), Sch. 14 para. 1)

Marginal Citations

M4 1861 c. 10.

M5 1975 c. 25.

M6 1925 c. 49.

M7 1975 c. 24.

M8 1975 c. 34.

M9 1925 c. 49.

M10 1940 c. 28.

M11 1971 c. 23.

M12 1968 c. 20.

M13 1955 c. 18.

M14 1955 c. 19.

M15 1966 c. 31.

M16 1968 c. 59.

M17 1864 c. 25.

M18 1915 c. 57.

M19 1956 c. 46.