Senior Courts Act 1981

Status:

Point in time view as at 20/12/2023.

Changes to legislation:

Senior Courts Act 1981, SCHEDULE 1 is up to date with all changes known to be in force on or before 10 November 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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SCHEDULE 1E+W Distribution of Business in High Court

Chancery DivisionE+W

1E+WTo the Chancery Division are assigned all causes and matters relating to—

(a)the sale, exchange or partition of land, or the raising of charges on land;

(b)the redemption or foreclosure of mortgages;

(c)the execution of trusts;

(d)the administration of the estates of deceased persons;

(e)bankruptcy;

(f)the dissolution of partnerships or the taking of partnership or other accounts;

(g)the rectification, setting aside or cancellation of deeds or other instruments in writing;

(h)probate business, other than non-contentious or common form business;

(i)patents, trade marks, registered designs [F1, copyright or design right];

(j)the appointment of a guardian of a minor’s estate,

and all causes and matters involving the exercise of the High Court’s jurisdiction under the enactments relating to companies.

Textual Amendments

F1Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 30(1), Sch. 7 para. 28(1)(3)

Modifications etc. (not altering text)

C1Sch. 1 para. 1 extended by Patents, Designs and Marks Act 1986 (c. 39, SIF 67A), s. 2(3), Sch. 2 Pt. I para. 1(2)(i)

C2Sch. 1 para. 1(i) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art.2

Queen’s Bench DivisionE+W

2E+WTo the Queen’s Bench Division are assigned—

[F2(a)applications for writs of habeas corpus, except applications for a writ of habeas corpus for release relating to a minor;]

(b)applications for judicial review;

F3(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(bb)all financial restrictions proceedings within the meaning of Chapter 2 of Part 6 of the Counter-Terrorism Act 2008 (see section 65 of that Act);]

F5(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(bd)all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);]

[F7(be)all TEO proceedings (within the meaning given by paragraph 1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (proceedings relating to temporary exclusion orders));]

[F8(bf)all proceedings—

(i)on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or

(ii)on a claim arising from any matter to which such an application relates;]

[F9(bg)all relevant proceedings within the meaning of Part 2 of the National Security Act 2023 (prevention and investigation measures) (see section 62(1) of that Act);]

(c)all causes and matters involving the exercise of the High Court’s Admiralty jurisdiction or its jurisdiction as a prize court; and

(d)all causes and matters entered in the commercial list.

Textual Amendments

F2Sch. 1 para. 2(a) substituted (6.4.2015) by The High Court (Distribution of Business) Order 2014 (S.I. 2014/3257), arts. 1, 4(a)

F3Sch. 1 para. 2(ba) omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 1(a) (with Sch. 8)

F4Sch. 1 para. 2(bb) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 71, 100

F5Sch. 1 para. 2(bc) repealed (31.12.2020) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64(2), Sch. 3 para. 9 (with ss. 52(3), 53, 58); S.I. 2020/1535, reg. 3(e)

F6Sch. 1 para. 2(bd) inserted (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 1(b) (with Sch. 8)

F7Sch. 1 para. 2(be) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 15(1), 52(5)

F8Sch. 1 para. 2(bf) inserted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64(2), Sch. 3 para. 2 (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(f)

F9Sch. 1 para. 2(bg) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 5

Family DivisionE+W

3E+WTo the Family Division are assigned—

(a)all matrimonial causes and matters (whether at first instance or on appeal);

[F10(aa)applications for a writ of habeas corpus for release relating to a minor;]

(b)all causes and matters (whether at first instance or on appeal) relating to—

(i)legitimacy;

[F11(ii)the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor’s estate;]

(iii)F12. . . adoption;

(iv)non-contentious or common form probate business;

(c)applications for consent to the marriage of a minor [F13or for a declaration under section 27B(5) of the Marriage Act M1 1949];

F14(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(e)applications under Part III of the Family Law Act 1986.]

[F15(e)proceedings under the Children Act 1989]

[F16(ea)proceedings under section 79 of the Childcare Act 2006;]

[F17(eb)proceedings under section 43 of the Children and Families (Wales) Measure 2010;]

[F18(ec)proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;]

[F19(f)all proceedings under:—

(i)the [F20Part IV [F21or 4A] of the Family Law Act 1996];

(ii)the Child Abduction and Custody Act 1985

(iii)the Family Law Act 1986;

[F22(iv)section 54 [F23or 54A] of the Human Fertilisation and Embryology Act 2008;]

F24(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(vi)the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;]

[F26(fa)all proceedings relating to a debit or credit under section 29(1) or 49(1) of the Welfare Reform and Pensions Act 1999;]

(g)all proceedings for the purpose of enforcing an order made in any proceedings of a type described in this paragraph.]

[F27(h)all proceedings under the Child Support Act 1991.]

[F28(ha)all proceedings under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;]

[F29(i)all proceedings under sections 6 and 8 of the Gender Recognition Act 2004.]

[F30(i)all civil partnership causes and matters (whether at first instance or on appeal);

(j)applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004;

(k)applications under section 58 of that Act (declarations relating to civil partnerships).]

[F31(l)proceedings under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters, so far as relating to the recognition and enforcement in England and Wales of a protection measure (within the meaning of that Regulation) ordered in a [F32participating Member State (within the meaning of that Regulation)].]

Textual Amendments

F10Sch. 1 para. 3(aa) inserted (6.4.2015) by The High Court (Distribution of Business) Order 2014 (S.I. 2014/3257), arts. 1, 4(b)

F11Sch. 1 para. 3(b)(ii) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 45(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F12Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4

F13Words inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 5

F14Sch. 1 para. 3(d) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 63; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F15Sch. 1 para. 3(e) commencing “applications under” added by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 26 and Sch. 1 para. 3(e) commencing “proceedings under” added (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 9 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)