Supreme Court Act 1981

Section 152(1).

SCHEDULE 5 Consequential Amendments C

COLONIAL PROBATES ACT 1892 (c. 6)

In section 2(1), for " 156A of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "109 of the Supreme Court Act 1981".

SMALL DWELLINGS ACQUISITION ACT 1899 (c.44)

For section 5(5) substitute—

“(5) Where the local authority are entitled under this Act to take possession of a house, possession may be recovered in a county court, whatever the annual value of the house for rating.”.

BANKRUPTCY ACT 1914 (c. 59)

Section 40(2) shall continue to have effect with the amendment made by section 36(4) of the [1956 c. 46.] Administration of Justice Act 1956, that is with the substitution of "or" "for " or, in the case of an equitable interest,".

ADMINISTRATION OF ESTATES ACT 1925 (c. 23)

In section 47A(7) (notices to principal registrar of Family Division)—

(a) for " principal registrar " substitute "Senior Registrar" ; and

(b) for the words from "made under" onwards substitute "of court made under section 127 of the Supreme Court Act 1981".

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

In section 3(1), for " [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "Supreme Court Act 1981".

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

1. In section 3(1), for "ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

2. In section 10, for "two hundred and thirteen of the Supreme Court of Judicature (Consolidation) Act, 1925 " substitute "130 of the Supreme Court Act 1981".

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

Section 2(2)(b) shall continue to have effect with the amendments made by the [1964 c. 43.] Criminal Appeal Act 1964 and the [1966 c. 31.] Criminal Appeal Act 1966, that is with the insertion after "preferred" of "by the direction of the criminal division of the Court of Appeal".

EXCHANGE CONTROL ACT 1947 (c. 14)

In paragraph 3 of Schedule 4, for "ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

COMPANIES ACT 1948 (c. 38)

Section 325(2) shall continue to have effect with the amendment made by section 36(4) of the [1956 c. 46.] Administration of Justice Act 1956, that is with the substitution of "or" for " and, in the case of an equitable interest,".

CRIMINAL JUSTICE ACT 1948 (c. 58)

In section 37(4), for " ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

CONSULAR CONVENTIONS ACT 1949 (c. 29)

In section 1(4)—

(a) 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";

(b) after " must " insert "in general"; and

(c) for " (2) of the said section one hundred and sixty" substitute "(4) of that section".

ARBITRATION ACT 1950 (c. 27)

In section 38(3), for " ninety-nine of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

ARMY ACT 1955 (c. 18)

Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule 1 to the [1966 c. 31.] Criminal Appeal Act 1966, that is—

(a) with the substitution of "is under all the circumstances of the case unsafe or unsatisfactory" for the words from " is unreasonable " to " evidence " ;

(b) 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

(c) 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.”.

AIR FORCE ACT 1955 (c. 19)

Section 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 [1955 c. 18.] Army Act 1955.

MEDICAL ACT 1956 (c. 76)

In paragraph 5(2) of Schedule 4, for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

DENTISTS ACT 1957 (c. 28)

In section 46(2), for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

OPTICIANS ACT 1958 (c. 32)

In section 15(1), for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

MENTAL HEALTH ACT 1959 (c. 72)

1. In section 73 (removal to hospital of certain prisoners), for subsection (2)(a) substitute—

“(a) persons committed in custody to the Crown Court for trial or under section 6 or 8 of the [1948 c. 58.] Criminal Justice Act 1948, and persons in custody pending a retrial ordered under section 7 of the [1968 c. 19.] Criminal Appeal Act 1968 ;”.

2. In section 100(2) (Court of Protection and appointment of Master and Deputy Master thereof), at the end add " under section 89 of the Supreme Court Act 1981.".

3. In section 110(4), for "forty-nine of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)

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".

NURSES (AMENDMENT) ACT 1961 (c. 14)

In section 9(2), for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

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

In section 6(5), for " twenty-seven of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

PUBLIC HEALTH ACT 1961 (c. 64)

In section 66(1), for "twenty-seven of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)

In section 28 (exception of prerogative proceedings from general power to indemnify justices of the peace etc. in respect of costs and damages), for " for an order of prohibition, mandamus or certiorari", in both places where it occurs, substitute "on an application for judicial review".

ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)

1. In section 4(1) (mode of effecting payment of money into Supreme Court), for the words from " (as respectively " to " that Act " substitute "(within the meaning of the Supreme Court Act 1981) proceeding in a district registry of the High Court".

2. In section 6 (mode of dealing with money in Supreme Court), in subsection (1)(a)(iii), for the words from " rules" to " 1925 " substitute "rules of court".

3. In section 18, in the definition of "Supreme Court", for " Judicature in England " substitute "England and Wales".

VETERINARY SURGEONS ACT 1966 (c. 36)

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".

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

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".

MATRIMONIAL CAUSES ACT 1967 (c. 56)

In section 10(1), for the definition of " matrimonial cause " substitute—

• “" matrimonial cause " means an action for divorce, nullity of marriage, judicial separation, or jactitation of marriage or an application under section 3 of the [1973 c. 18.] Matrimonial Causes Act 1973 ;”.

CRIMINAL APPEAL ACT 1968 (c 19)

1. In 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 [1960 c. 65.] 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.”.

2. For 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—

“45 Construction of references in Parts I and II to Court of Appeal and a single judge.

(1) References in Parts I and II of this Act to the Court of Appeal shall be construed as references to the criminal division of the Court.”

3. In 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 [1962 c. 15.] Criminal Justice Administration Act 1962 " there were substituted "Section 67 of the [1967 c. 80.] Criminal Justice Act 1967".

HEARING AID COUNCIL ACT 1968 (c. 50)

In section 10(2), for "49 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

HOVERCRAFT ACT 1968 (c. 59)

1. 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.

(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.”.

ADMINISTRATION OF JUSTICE ACT 1970 (c. 31)

In section 37, for the words " no court other than a county court shall" substitute the words "the High Court shall not".

COURTS ACT 1971 (c. 23)

In paragraph 38(a) of Schedule 8, for " 73(2)(a)(c)" substitute "73(2)(c)".

ADMINISTRATION OF ESTATES ACT 1971 (c. 25)

1. (1) Section 11 (sealing of Commonwealth and Colonial grants) shall be amended as follows.

(2) In subsection (3)—

(a) " 167 of the [1925 c. 49.] Supreme 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.”.

2. In 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 Supreme Court of Judicature (Consolidation) Act 1925" substitute "36 of the Supreme Court Act 1981".

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

In section 13(1) (extension of Admiralty jurisdiction in claims for damage done by ships), for the words from the beginning to " that Act" substitute "Paragraph 1(1)(d) of Schedule 1 to the [1956 c. 46.] Administration of Justice Act 1956".

TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)

In section 13(2), for " 27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

TOWN AND COUNTRY PLANNING ACT 1971 (c. 78)

In section 246(2), for "27 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "16 of the Supreme Court Act 1981".

LAND CHARGES ACT 1972 (c. 61)

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".

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

In section 69(4), for " 27 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

CONTROL OF POLLUTION ACT 1974 (c. 40)

In section 39(8), for "27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

MERCHANT SHIPPING ACT 1974 (c. 43)

In section 6(1) (extension of Admiralty jurisdiction in claims for damage done by ships), for the words from the beginning to " that Art " substitute "Paragraph 1(1)(d) of Schedule 1 to the [1956 c. 46.] Administration of Justice Act 1956 ".

SOLICITORS ACT 1974 (c. 47)

1. In section 19(2), for " 120 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "94 of the Supreme Court Act 1981".

2. After section 81 insert—

“81A. Fees for administering oaths and taking affidavits.

(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 [1889 c. 10.] Commissioners for Oaths Act 1889.”.

HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)

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".

NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)

Part III of Schedule 1 shall have effect with the same amendment as is specified in the entry in this Schedule relating to the [1975 c. 24.] House of Commons Disqualification Act 1975.

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

1. 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 [1854 c. 34.] Attendance 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".

2. In section 7, for " 99 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

FARRIERS (REGISTRATION) ACT 1975 (c. 35)

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".

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

In section 4—

(a) in subsection (4), for " 99 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

(b) in subsection (5), for " 99 " and " 1925 " substitute respectively "84" and " 1981 ".

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

In section 19(2), for " 49 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "36 of the Supreme Court Act 1981".

MEDICAL ACT 1978 (c. 12)

In paragraph 2(2) of Schedule 4, for " 49 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

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

In paragraph 8(2) of Schedule 11, for "9 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "10 of the Supreme Court Act 1981".

ARBITRATION ACT 1979 (c. 42)

In section 2(3), for "27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

CHARGING ORDERS ACT 1979 (c. 53)

In section 5(2), for " 99 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

MAGISTRATES' COURTS ACT 1980 (c. 43)

1. After section 43 insert—

“43A. Functions of magistrates' court where a person in custody is brought before it with a view to his appearance before the Crown Court.

(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.

“2. section 87(2) for " penalty " substitute "sum".”

FINANCE ACT 1980 (c. 48)

In section 94(2), for " 156A(2) of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 " substitute "109(2) of the Supreme Court Act 1981".

JUDICIAL PENSIONS ACT 1981 (c. 20)

1. For 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 [1959 c. 22.] County Courts Act 1959 (restrictions on practice).”.

2 Schedule 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).