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Senior Courts Act 1981, SCHEDULE 5 is up to date with all changes known to be in force on or before 25 December 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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Section 152(1).
Editorial Information
X1The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991
In section 2(1), for “156A of the M1Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 109 of the Supreme Court Act 1981 ”.
Marginal Citations
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3(1), 5(2), Sch. Pt I. Sch. 4
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Entry repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I and also expressed to be repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(2)(3), Sch. 10 Pt. III
In section 47A(7) (notices to principal registrar of Family Division)—
for “principal registrar” substitute “ Senior Registrar ”; and
for the words from “made under” onwards substitute “ of court made under section 127 of the Supreme Court Act 1981 ”.
In section 3(1), “for M2Supreme Court of Judicature (Consolidation) Act 1925” substitute “ Supreme Court Act 1981 ”.
Marginal Citations
1E+WF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 5: para. 1 of entry repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)
F42E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 5: para. 2 of the entry relating to the amendment of Foreign Judgments (Reciprocal Enforcement) Act 1933 repealed by Civil Jurisdiction and Judgments Act 1982 (c.27, SIF 45:3), s. 54, Sch. 14
Section 2(2)(b) shall continue to have effect with the amendments made by the M3Criminal Appeal Act 1964 and the M4Criminal Appeal Act 1966, that is with the insertion after “preferred” of “by the direction of the criminal division of the Court of Appeal”.
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Entry repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72(7), Sch. 16 Pt. XI
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Entry repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1) Sch. 9 Pt. I and also expressed to be repealed by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 29, Sch. 1
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 5: entry repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)
In section 1(4)—
for “(1) of section one hundred and sixty of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ (2) of section 114 of the Supreme Court Act 1981 ”;
after “must” insert “ in general ”; and
for “(2) of the said section one hundred and sixty” substitute “ (4) of that section ”.
In section 38(3), for “ninety-nine of the M5Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.
Marginal Citations
[F8Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule I to the M6Criminal Appeal Act 1966, that is—
with the substitution of “is under all the circumstances of the case unsafe or unsatisfactory” for the words from “ is unreasonable ” to “ evidence ”;
with the substitution of “there was a material irregularity in the course of the trial” for “ on any ground there was a miscarriage of justice ”; and
with the addition at the end of the following proviso—
“Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.”.]
Textual Amendments
F8Entry in Sch. 5 relating to the Army Act 1955 repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch.3; S.I. 1995/3061, art. 3(i)(vi) (with savings in art. 4(b))
Marginal Citations
[F9Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule 1 to the Criminal Appeal Act 1966, that is with the same amendments as are specified in the entry in this Schedule relating to the M7Army Act 1955.]
Textual Amendments
F9Entry in Sch. 5 relating to the Air Force Act 1955 repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch.3 S.I. 1995/3061, art.3(i)(vi)
Marginal Citations
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Entry repealed by Medical Act 1983 (c. 54, SIF 83:1), s. 36(2)(3), Sch. 7 Pt. I
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Entry repealed by Dentists Act 1983 (c. 38, SIF 83:1), s. 33(2), Sch. 3
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Entry repealed by Opticians Act 1989 (c. 44, SIF 83:1), s. 37, Sch. 2
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Entry repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(2), Sch. 4 Pt. I
In paragraph 2(2) of Schedule 2, for “forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Schedule 5: Entry relating to Public Health Act 1961 repealed (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 c. 60, ss. 3(1), 4(2), Sch. 3 Pt.I
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
1E+WF18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
2E+WF19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
3E+WF20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
In paragraph 4(2) of Schedule 2, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.
In sections 1(6) and 2(2), for “99 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
1E+WIn section 33 (right of appeal to House of Lords from decision of criminal division of Court of Appeal), after subsection (2) insert—
“(3)Except as provided by this Part of this Act and section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), no appeal shall lie from any decision of the criminal division of the Court of Appeal.”.
2E+WFor subsection (1) of, and the side-note to, section 45 (jurisdiction of Court of Appeal, and construction of certain references in Parts I and II) substitute—
(1)References in Parts I and 11 of this Act to the Court of Appeal shall be construed as references to the criminal division of the Court.”
3E+WIn Schedule 2 (provisions applicable on order for retrial), paragraph 2(4) shall have effect, and be deemed always to have had effect, as if for “Section 17(2) of the M8Criminal Justice Administration Act 1962” there were substituted “ Section 67 of the M9Criminal Justice Act 1967 ”.
Textual Amendments
F22Sch. 5 entry repealed (1.4.2010) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2010/708, art. 4(2)(d)
Marginal Citations
1U.K.In section 1(1)(h)(i) (power to apply to hovercraft etc. enactments about ships etc.), for “Act)” substitute “ Act, or an enactment contained in sections 20 to 24 of the Supreme Court Act 1981) ”.
2(1)Section 2 (Admiralty jurisdiction etc.) shall be amended as follows.U.K.
(2)In subsection (1)—
(a)for “Parts I and V” substitute “ Part V ”; and
(b)for the words from “the reference in section 4(1)” to “the said Schedule 1)” substitute “ the reference in paragraph 4(1) of the said Part I and the second reference in paragraph 8(1) of that Part) ”.
(3)After subsection (3) insert—
“(3A)Subsection (3) of this section shall have effect as if the reference to the enactments mentioned in subsection (1) as extended by that subsection included a reference to sections 20 to 24 of the Supreme Court Act 1981.”.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Entry repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Entry repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(2), Sch. 4 Pt. I
1(1)Section 11 (sealing of Commonwealth and Colonial grants) shall be amended as follows.E+W
(2)In subsection (3)—
(a)for “167 of the M11Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 120 of the Supreme Court Act 1981 ”; and
(b)omit “and orders”.
(3)In subsection (8), for the definition of “probate rules and orders” substitute—
““probate rules” means rules of court made under section 127 of the Supreme Court Act 1981.”.
Marginal Citations
2E+WIn section 14(3), for “8” substitute “ 9 ”.
In paragraph 5(2) of Schedule 3, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Entry in Sch. 5 relating to Merchant Shipping (Oil Pollution) Act 1971 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch.12 (with s. 312(1), Sch. 14 para. 1)
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Entry in Sch. 5 repealed (1. 10. 1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Entry repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3
In section 6(4) (effect of non-registration of writs and orders registrable under section 6), for “section 36(3) of the Administration of Justice Act 1956” substitute “ section 37(5) of the Supreme Court Act 1981 ”.
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Entry repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Entry in Sch. 5 relating to Merchant Shipping Act 1974 (c. 43) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch.12 (with s. 312(1), Sch. 14 para. 1)
1E+WIn section 19(2), for “120 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 94 of the Supreme Court Act 1981 ”.
2E+WAfter section 81 insert—
(1)The Lord Chancellor may, with the concurrence of the Lord Chief Justice and the Master of the Rolls, by order prescribe the fees to be charged by—
(a)commissioners for oaths; and
(b)solicitors exercising the powers of commissioners for oaths by virtue of section 81,
in respect of the administration of an oath or the taking of an affidavit.
(2)Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.
(3)In this section “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889.”.
In Part III of Schedule 1, in the entry beginning “Officer of the Supreme Court”, for the words from “within” onwards substitute “ being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court ”.
Part 111 of Schedule 1 shall have effect with the same amendment as is specified in the entry in this Schedule relating to the M12House of Commons Disqualification Act 1975.
Marginal Citations
1U.K.In section 4 (extension of powers of High Court etc. in relation to obtaining evidence for proceedings in that court) for the words from the beginning to “shall” substitute “ The M13Attendance of Witnesses Act 1854 (which enables the Court of Session to order the issue of a warrant of citation in special form, enforceable throughout the United Kingdom, for the attendance of a witness at a trial) shall ”.
Marginal Citations
2E+WF31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Sch. 5: para. 2 of entry repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)
In paragraph 4(2) of Schedule 3, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.
F32...
Textual Amendments
F32Words in Sch. 5 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 141; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
In section 19(2), for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Textual Amendments
F33Entry repealed by Medical Act 1983 (c. 54, SIF 83:1), s. 36(2)(3), Sch. 7 Pt. I
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34Entry in Sch. 5 relating to the Employment Protection (Consolidation) Act 1978 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt.I (with s. 38)
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
In section 5(2), for “99 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 84 of the Supreme Court Act 1981 ”.
1E+WAfter section 43 insert—
(1)Where a person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court is brought before a magistrates’ court in pursuance of section 81(5) of the Supreme Court Act 1981—
(a)the magistrates’ court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court;
(b)if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so.
(2)A magistrates’ court shall have jurisdiction under subsection (1) whether or not the offence was committed, or the arrest was made, within the court’s area.”.
2E+WIn section 87(2) for “penalty” substitute “ sum ”.
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
1E+WFor subsection (2) of section 34 (county court registrars and assistant registrars) substitute—
“(2)Nothing in this Act shall apply to a part-time registrar or part-time assistant registrar within the meaning of subsection (3) of section 22 of the County Courts Act 1959 (restrictions on practice).”.
2E+WSchedule 1 (pensions, etc. of certain judicial officers) shall be amended as follows—
(a)in paragraph 1, for the list of Supreme Court officers (namely that beginning with “Master and Assistant Master of the Supreme Court, Queen’s Bench Division” and ending with “Registrar, and Assistant Registrar, of Criminal Appeals”) substitute—
“Master, Queen’s Bench Division.
Queen’s coroner and attorney and Master of the Crown Office.
Admiralty Registrar.
Master, Chancery Division.
Registrar in Bankruptcy of the High Court.
Taxing Master of the Supreme Court.
Registrar, Principal Registry of the Family Division.
Registrar of criminal appeals.
Registrar of civil appeals.
Master of the Court of Protection.”; and
(b)in paragraph 4—
(i)in sub-paragraph (1)(a), for “the prescribed number of years of” substitute “ 15 years ”, and
(ii)omit sub-paragraph (2).
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