Administration of Justice Act 1982
An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the law relating to actions for damages for personal injuries, including injuries resulting in death, and to abolish certain actions for loss of services; to amend the law relating to wills; to make further provision with respect to funds in court, statutory deposits and schemes for the common investment of such funds and deposits and certain other funds; to amend the law relating to deductions by employers under attachment of earnings orders; to make further provision with regard to penalties that may be awarded by the Solicitors’ Disciplinary Tribunal under section 47 of the Solicitors Act 1974; to make further provision for the appointment of justices of the peace in England and Wales and in relation to temporary vacancies in the membership of the Law Commission; to enable the title register kept by the Chief Land Registrar to be kept otherwise than in documentary form; and to authorise the payment of travelling, subsistence and financial loss allowances for justices of the peace in Northern Ireland.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I Damages for Personal Injuries Etc.
Abolition of certain claims for damages etc.
1 Abolition of right to damages for loss of expectation of life.
(1)
In an action under the law of England and Wales or the law of Northern Ireland for damages for personal injuries—
(a)
no damages shall be recoverable in respect of any loss of expectation of life caused to the injured person by the injuries; but
(b)
if the injured person’s expectation of life has been reduced by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take account of any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced.
(2)
The reference in subsection (1)(a) above to damages in respect of loss of expectation of life does not include damages in respect of loss of income.
2 Abolition of actions for loss of services etc.
No person shall be liable in tort under the law of England and Wales or the law of Northern Ireland—
(a)
to a husband on the ground only of his having deprived him of the services or society of his wife;
(b)
to a parent (or person standing in the place of a parent) on the ground only of his having deprived him of the services of a child; or
(c)
on the ground only—
(i)
of having deprived another of the services of his menial servant;
(ii)
of having deprived another of the services of his female servant by raping or seducing her; or
(iii)
of enticement of a servant or harbouring a servant.
Fatal Accidents Act 1976
X13 Amendments of Fatal Accidents Act 1976.
(1)
“1 Right of action for wrongful act causing death.
(1)
If death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.
(2)
Subject to section 1A(2) below, every such action shall be for the benefit of the dependants of the person (“the deceased”) whose death has been so caused.
(3)
In this Act “dependant” means—
(a)
the wife or husband or former wife or husband of the deceased;
(b)
any person who—
(i)
was living with the deceased in the same household immediately before the date of the death; and
(ii)
had been living with the deceased in the same household for at least two years before that date; and
(iii)
was living during the whole of that period as the husband or wife of the deceased;
(c)
any parent or other ascendant of the deceased;
(d)
any person who was treated by the deceased as his parent;
(e)
any child or other descendant of the deceased;
(f)
any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;
(g)
any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.
(4)
The reference to the former wife or husband of the deceased in subsection (3)(a) above includes a reference to a person whose marriage to the deceased has been annulled or declared void as well as a person whose marriage to the deceased has been dissolved.
(5)
In deducing any relationship for the purposes of subsection (3) above—
(a)
any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the stepchild of any person as his child, and
(b)
an illegitimate person shall be treated as the legitimate child of his mother and reputed father.
(6)
Any reference in this Act to injury includes any disease and any impairment of a person’s physical or mental condition.
1A Bereavement.
(1)
An action under this Act may consist of or include a claim for damages for bereavement.
(2)
A claim for damages for bereavement shall only be for the benefit—
(a)
of the wife or husband of the deceased; and
(b)
where the deceased was a minor who was never married—
(i)
of his parents, if he was legitimate; and
(ii)
of his mother, if he was illegitimate.
(3)
Subject to subsection (5) below, the sum to be awarded as damages under this section shall be £3,500.
(4)
Where there is a claim for damages under this section for the benefit of both parents of the deceased, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).
(5)
The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this section by varying the sum for the time being specified in subsection (3) above.
2 Persons entitled to bring the action.
(1)
The action shall be brought by and in the name of the executor or administrator of the deceased.
(2)
If—
(a)
there is no executor or administrator of the deceased, or
(b)
no action is brought within six months after the death by and in the name of an executor or administrator of the deceased,
the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
(3)
Not more than one action shall lie for and in respect of the same subject matter of complaint.
(4)
The plaintiff in the action shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.
3 Assessment of damages.
(1)
In the action such damages, other than damages for bereavement, may be awarded as are proportioned to the injury resulting from the death to the dependants respectively.
(2)
After deducting the costs not recovered from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.
(3)
In an action under this Act where there fall to be assessed damages payable to a widow in respect of the death of her husband there shall not be taken account the re-marriage of the widow or her prospects of re-marriage.
(4)
In the action under this Act where there fall to be assessed damages payable to a person who is a dependant by virtue of section 1(3)(b) above in respect of the death of the person with whom the dependant was living as husband or wife there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.
(5)
If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of those expenses.
(6)
Money paid into court in satisfaction of a cause of action under this Act may be in one sum without specifying any person’s share.
4 Assessment of damages: disregard of benefits.
In assessing damages in respect of a person’s death in an action under this Act, benefits which have accrued or will or may accrue to any person from his estate or otherwise as a result of his death shall be disregarded.”
(2)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Claims not surviving death
X24 Exclusion of Law Reform (Miscellaneous Provisions) Act 1934.
(1)
“(1A)
The right of a person to claim under section 1A of the Fatal Accidents Act 1976 (bereavement) shall not survive for the benefit of his estate on his death.”.
(2)
“(a)
shall not include—
(i)
any exemplary damages;
(ii)
any damages for loss of income in respect of any period after that person’s death;”.
Maintenance at public expense
5 Maintenance at public expense to be taken into account in assessment of damages.
In an action under the law of England and Wales or the law of Northern Ireland for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in a hospital, nursing home or other institution shall be set off against any income lost by him as a result of his injuries.
Provisional damages for personal injuries
6 Award of provisional damages for personal injuries.
X3(1)
“32A Orders for provisional damage for personal injuries.
(1)
This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
(2)
Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—
(a)
damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
(b)
further damages at a future date if he develops the disease or suffers the deterioration.
(3)
Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(4)
Nothing in this section shall be construed—
(a)
as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
(b)
as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.”.
X3(2)
In section 35 of that Act (supplementary) “
32A,
”
shall be inserted before “33” in subsection (5).
(3)
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Damages for Personal Injuries Etc.—Scotland
7 Damages in respect of services.
Where a person (in this Part of this Act referred to as “the injured person”)—
(a)
has sustained personal injuries, or
(b)
has died in consequence of personal injuries sustained,
as a result of an act or omission of another person giving rise to liability in any person (in this Part of this Act referred to as “the responsible person”) to pay damages, the responsible person shall also be liable to pay damages in accordance with the provisions of sections 8 and 9 of this Act.
8 Services rendered to injured person.
(1)
Where necessary services have been rendered to the injured person by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed in the knowledge that an action for damages has been raised or is in contemplation that no payment should be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents reasonable remuneration for those services and repayment of reasonable expenses incurred in connection therewith.
F5(2)
The injured person shall be under an obligation to account to the relative for any damages recovered from the responsible person under subsection (1) above.
(3)
Where, at the date of an award of damages in favour of the injured person, it is likely that necessary services will, after that date, be rendered to him by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed that no payment shall be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents—
(a)
reasonable remuneration for those services; and
(b)
reasonable expenses which are likely to be incurred in connection therewith.
(4)
The relative shall have no direct right of action in delict against the responsible person in respect of any services or expenses referred to in this section.
9 Services to injured person’s relative.
(1)
The responsible person shall be liable to pay to the injured person a reasonable sum by way of damages in respect of the inability of the injured person to render the personal services referred to in subsection (3) below.
F6(1A)
In assessing the amount of damages payable by virtue of subsection (1) above to an injured person whose date of death is expected to be earlier than had the injuries not been sustained, the court is to assume that the person will live until the date when death would have been expected had the injuries not been sustained.
F7(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The personal services referred to in F8subsection (1) above are personal services—
(a)
which were or might have been expected to have been rendered by the injured person before the occurrence of the act or omission giving rise to liability,
(b)
of a kind which, when rendered by a person other than a relative, would ordinarily be obtainable on payment, and
(c)
which the injured person but for the injuries in question might have been expected to render gratuitously to a relative.
(4)
Subject to F9section 6(1) of the Damages (Scotland) Act 2011 (asp 7) (relative's loss of personal services), the relative shall have no direct right of action in delict against the responsible person in respect of the personal services mentioned in subsection (3) above.
10 Assessment of damages for personal injuries.
Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount—
(a)
any contractual pension or benefit (including any payment by a friendly society or trade union);
(b)
any pension or retirement benefit payable from public funds other than any pension or benefit to which section 2(1) of the M4Law Reform (Personal Injuries) Act 1948 applies;
(c)
any benefit payable from public funds, in respect of any period after the date of the award of damages, designed to secure to the injured person or any relative of his a minimum level of subsistence;
(d)
(e)
any payment made to the injured person or to any relative of his by the injured person’s employer following upon the injuries in question where the recipient is under an obligation to reimburse the employer in the event of damages being recovered in respect of those injuries;
(f)
subject to paragraph (iv) below, any payment of a benevolent character made to the injured person or to any relative of his by any person following upon the injuries in question;
but there shall be taken into account—
(i)
any remuneration or earnings from employment;
(ii)
any F11contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995);
(iii)
any benefit referred to in paragraph (c) above payable in respect of any period prior to the date of the award of damages;
(iv)
any payment of a benevolent character made to the injured person or to any relative of his by the responsible person following on the injuries in question, where such a payment is made directly and not through a trust or other fund from which the injured person or his relatives have benefited or may benefit.
11 Maintenance at public expense to be taken into account in assessment of damages: Scotland.
In an action for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in
(b)
accommodation provided by a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8),
shall be set off against any income lost by him as a result of the injuries.
12 Award of provisional damages for personal injuries: Scotland.
(1)
This section applies to an action for damages for personal injuries in which—
(a)
there is proved or admitted to be a risk that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of the action, develop some serious disease or suffer some serious deterioration in his physical or mental condition; and
(b)
the responsible person was, at the time of the act or omission giving rise to the cause of the action,
(i)
a public authority or public corporation; or
(ii)
insured or otherwise indemnified in respect of the claim.
(2)
In any case to which this section applies, the court may, on the application of the injured person, order—
(a)
that the damages referred to in subsection (4)(a) below be awarded to the injured person; and
(b)
that the injured person may apply for the further award of damages referred to in subsection (4)(b) below,
and the court may, if it considers it appropriate, order that an application under paragraph (b) above may be made only within a specified period.
(3)
Where an injured person in respect of whom an award has been made under subsection (2)(a) above applies to the court for an award under subsection (2)(b) above, the court may award to the injured person the further damages referred to in subsection (4)(b) below.
(4)
The damages referred to in subsections (2) and (3) above are—
(a)
damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
(b)
further damages if he develops the disease or suffers the deterioration.
(5)
Nothing in this section shall be construed—
(a)
as affecting the exercise of any power relating to expenses including a power to make rules of court relating to expenses; or
(b)
as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
(6)
The Secretary of State may, by order, provide that categories of defenders shall, for the purposes of paragraph (b) of subsection (1) above, become or cease to be responsible persons, and may make such modifications of that paragraph as appear to him to be necessary for the purpose.
And an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
13 Supplementary.
(1)
In this Part of this Act, unless the context otherwise requires—
F15“personal injuries” means––
(a)
any disease, and
(b)
any impairment of a person's physical or mental condition;
“relative”, in relation to the injured person, means—
(a)
the spouse or divorced spouse;
(b)
F16the civil partner or former civil partner;
(c)
any person, not being the spouse of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as husband or wife;
(d)
F17any person, not being the civil partner of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as the civil partner of the injured person;
(e)
any ascendant or descendant;
(f)
any brother, sister, uncle or aunt; or any issue of any such person;
(g)
any person accepted by the injured person as a child of his family.
In deducing any relationship for the purposes of the foregoing definition—
(a)
any relationship by affinity shall be treated as a relationship by consanguinity; any relationship of the half blood shall be treated as a relationship of the whole blood; and the stepchild of any person shall be treated as his child; and
(b)
F18section 1(1) of the Law Reform (Parent and Child)(Scotland) Act 1986 shall apply; and any reference (however expressed) in this Part of this Act to a relative shall be construed accordingly.
(2)
Any reference in this Part of this Act to a payment, benefit or pension shall be construed as a reference to any such payment, benefit or pension whether in cash or in kind.
(3)
This Part of this Act binds the Crown.
F1914 Amendment and repeal of enactments.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Powers of Courts to Award Interest
15 Interest on debts and damages.
(1)
The section set out in Part I of Schedule 1 to this Act shall be inserted after section 35 of the M5F20Senior Courts Act 1981
(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
(3)
The M6Crown Proceedings Act 1947 shall accordingly have effect subject to the amendment in Part III of that Schedule, being an amendment consequential on subsections (1) and (2) above.
(4)
The provisions mentioned in subsection (5) below (which this section supersedes so far as they apply to the High Court and county courts) shall cease to have effect in relation to those courts.
(5)
The provisions are—
(a)
section 3 of the M7Law Reform (Miscellaneous Provisions) Act 1934; and
(b)
in the M8Administration of Justice Act 1969—
(i)
section 22; and
(ii)
in section 34(3) the words from “and section 22” onwards.
F22(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Interest on lump sums in matrimonial proceedings.
“(6)
Where the court—
(a)
makes an order under this section for the payment of a lump sum; and
(b)
directs—
(i)
that payment of that sum or any part of it shall be deferred; or
(ii)
that that sum or any part of it shall be paid by instalments,
the court may order that the amount deferred or the instalments shall carry interest at such rate as may be specified by the order from such date, not earlier than the date of the order, as may be so specified, until the date when payment of it is due.”.
Part IV Wills
Amendments of Wills Act 1837
17 Relaxation of formal requirements for making wills.
“9 Signing and attestation of wills.
No will shall be valid unless—
(a)
it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
(b)
it appears that the testator intended by his signature to give effect to the will; and
(c)
the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d)
each witness either—
(i)
attests and signs the will; or
(ii)
acknowledges his signature,
in the presence of the testator (but not necessarily in the presence of any other witness),
but no form of attestation shall be necessary.”.
18 Effect of marriage or its termination on wills.
(1)
“18 Wills to be revoked by marriage, except in certain cases.
(1)
Subject to subsections (2) to (4) below, a will shall be revoked by the testator’s marriage.
(2)
A disposition in a will in exercise of a power of appointment shall take effect notwithstanding the testator’s subsequent marriage unless the property so appointed would in default of appointment pass to his personal representatives.
(3)
Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person.
(4)
Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that a disposition in the will should not be revoked by his marriage to that person,—
(a)
that disposition shall take effect notwithstanding the marriage; and
(b)
any other disposition in the will shall take effect also, unless it appears from the will that the testator intended the disposition to be revoked by the marriage.”.
(2)
“18A Effect of dissolution or annulment of marriage on wills.
(1)
Where, after a testator has made a will, a decree of court dissolves or annuls his marriage or declares it void,—
(a)
the will shall take effect as if any appointment of the former spouse as an executor or as the executor and trustee of the will were omitted; and
(b)
any devise or bequest to the former spouse shall lapse,
except in so far as a contrary intention appears by the will.
(2)
Subsection (1)(b) above is without prejudice to any right of the former spouse to apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
(3)
Where—
(a)
by the terms of a will an interest in remainder is subject to a life interest; and
(b)
the life interest lapses by virtue of subsection (1)(b) above,
the interest in remainder shall be treated as if it had not been subject to the life interest and, if it was contingent upon the termination of the life interest, as if it had not been so contingent.”.
19 Gifts to children etc. who predecease testator.
“33 Gifts to children or other issue who leave issue living at the testator’s death shall not lapse.
(1)
Where—
(a)
a will contains a devise or bequest to a child or remoter descendant of the testator; and
(b)
the intended beneficiary dies before the testator, leaving issue; and
(c)
issue of the intended beneficiary are living at the testator’s death,
then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.
(2)
Where—
(a)
a will contains a devise or bequest to a class of persons consisting of children or remoter descendants of the testator; and
(b)
a member of the class dies before the testator, leaving issue; and
(c)
issue of that member are living at the testator’s death,
then, unless a contrary intention appears by the will, the devise or bequest shall take effect as if the class included the issue of its deceased member living at the testator’s death.
(3)
Issue shall take under this section through all degrees, according to their stock, in equal shares if more than one, any gift or share which their parent would have taken and so that no issue shall take whose parent is living at the testator’s death and so capable of taking.
(4)
For the purposes of this section—
(a)
the illegitimacy of any person is to be disregarded; and
(b)
a person conceived before the testator’s death and born living thereafter is to be taken to have been living at the testator’s death.”.
Rectification and interpretation of wills
20 Rectification.
(1)
If a court is satisfied that a will is so expressed that it fails to carry out the testator’s intentions, in consequence—
(a)
of a clerical error; or
(b)
of a failure to understand his instructions,
it may order that the will shall be rectified so as to carry out his intentions.
(2)
An application for an order under this section shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out.
(3)
The provisions of this section shall not render the personal representatives of a deceased person liable for having distributed any part of the estate of the deceased, after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out, on the ground that they ought to have taken into account the possibility that the court might permit the making of an application for an order under this section after the end of that period; but this subsection shall not prejudice any power to recover, by reason of the making of an order under this section, any part of the estate so distributed.
F23(4)
The following are to be left out of account when considering for the purposes of this section when representation with respect to the estate of a deceased person was first taken out—
(a)
a grant limited to settled land or to trust property,
(b)
any other grant that does not permit any of the estate to be distributed,
(c)
a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
(d)
a grant, or its equivalent, made outside the United Kingdom (but see subsection (5)).
(5)
A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of subsection (4), but is to be taken as dated on the date of sealing.
21 Interpretation of wills—general rules as to evidence.
(1)
This section applies to a will—
(a)
in so far as any part of it is meaningless;
(b)
in so far as the language used in any part of it is ambiguous on the face of it;
(c)
in so far as evidence, other than evidence of the testator’s intention, shows that the language used in any part of it is ambiguous in the light of surrounding circumstances.
(2)
In so far as this section applies to a will extrinsic evidence, including evidence of the testator’s intention, may be admitted to assist in its interpretation.
22 Presumption as to effect of gifts to spouses.
Except where a contrary intention is shown it shall be presumed that if a testator devises or bequeaths property to his spouse in terms which in themselves would give an absolute interest to the spouse, but by the same instrument purports to give his issue an interest in the same property, the gift to the spouse is absolute notwithstanding the purported gift to the issue.
Registration of wills
23 Deposit and registration of wills of living persons.
(1)
The following, namely—
(a)
the Principal Registry of the Family Division of the High Court of Justice;
(b)
the Keeper of the Registers of Scotland; and
(c)
the Probate and Matrimonial Office of the F24Court of Judicature of Northern Ireland,
shall be registering authorities for the purposes of this section.
(2)
Each registering authority shall provide and maintain safe and convenient depositories for the custody of the wills of living persons.
(3)
Any person may deposit his will in such a depository in accordance with regulations under section 25 below and on payment of the prescribed fee.
(4)
It shall be the duty of a registering authority to register in accordance with regulations under section 25 below—
(a)
any will deposited in a depository maintained by the authority; and
(b)
any other will whose registration is requested under Article 6 of the Registration Convention.
(5)
A will deposited in a depository provided—
(a)
under section 172 of the M10Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the M11F25Senior Courts Act 1981; or
(b)
under Article 27 of the M12Administration of Estates (Northern Ireland) Order 1979,
shall be treated for the purposes of this section as if it had been deposited under this section.
(6)
In this section “prescribed” means—
(a)
in the application of this section to England and Wales, prescribed by an order under F26section 92 of the Courts Act 2003;
(b)
in its application to Scotland, prescribed by an order under section 26 below; and
(c)
in its application to Northern Ireland, prescribed by an order under section 116 of the M13Judicature (Northern Ireland) Act 1978.
24 Designation of Principal Registry as national body under Registration Convention.
(1)
The Principal Registry of the Family Division of the High Court of Justice shall be the national body for the purposes of the Registration Convention, and shall accordingly have the functions assigned to the national body by the Registration Convention including, without prejudice to the general application of the Convention to the Principal Registry by virtue of this section, the functions—
(a)
of arranging for the registration of wills in other Contracting States as provided for in Article 6 of the Convention;
(b)
of receiving and answering requests for information arising from the national bodies of other Contracting States.
(2)
In this Part of this Act “the Registration Convention” means the Convention on the Establishment of a Scheme of Registration of Wills concluded at Basle on 16th May 1972.
25 Regulations as to deposit and registration of wills etc.
(1)
Regulations may make provision—
(a)
as to the conditions for the deposit of a will;
(b)
as to the manner of and procedure for—
(i)
the deposit and registration of a will; and
(ii)
the withdrawal of a will which has been deposited; and
(iii)
the cancellation of the registration of a will; and
(c)
as to the manner in which the Principal Registry of the Family Division is to perform its functions as the national body under the Registration Convention.
(2)
Regulations under this section may contain such incidental or supplementary provisions as the authority making the regulations considers appropriate.
(3)
Any such regulations are to be made—
(a)
for England and Wales, by the President of the Family Division of the High Court of Justice, with the concurrence of the Lord Chancellor;
(b)
for Scotland, by the Secretary of State after consultation with the Lord President of the Court of Session; and
(c)
for Northern Ireland, by the Northern Ireland F27Court of Judicature Rules Committee, with the concurrence of the Lord Chancellor.
(4)
Regulations made by virtue of subsection (1)(c) above shall be made by the Lord Chancellor F28after consulting the Lord Chief Justice of England and Wales.
(5)
Subject to subsection (6) below, regulations under this section shall be made by statutory instrument and shall be laid before Parliament after being made.
(6)
Regulations for Northern Ireland shall be statutory rules for the purposes of the M14Statutory Rules (Northern Ireland) Order 1979; and any such statutory rule shall be laid before F29the Northern Ireland Assembly after being made.
F30(6A)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.
(7)
The M15Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made in accordance with subsection (3)(a) F31. . . above as if the regulations had been made by a Minister of the Crown.
(8)
Any regulations made under section 172 of the M16Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the M17F32Senior Courts Act 1981 shall have effect for the purposes of this Part of this Act as they have effect for the purposes of the enactment under which they were made.
F33(9)
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).
26 Fees as to registration in Scotland.
The Secretary of State may, with the consent of the Treasury, from time to time by order made by statutory instrument fix fees payable in respect of—
(a)
the deposit, registration or withdrawal of wills under this Act;
(b)
the obtaining of information from the register; and
(c)
any other thing which the Keeper of the Registers of Scotland is required or authorised to do under this Act or any regulations made thereunder in connection with the depositing or registration of wills.
International wills
27 The form of an international will.
(1)
The Annex to the Convention on International Wills shall have the force of law in the United Kingdom.
(2)
The Annex is set out in Schedule 2 to this Act.
(3)
In this Part of this Act—
“international will” means a will made in accordance with the requirements of the Annex, as set out in Schedule 2 to this Act; and
“the Convention on International Wills” means the Convention providing a Uniform Law on the Form of an International Will concluded at Washington on 26th October 1973.
28 International wills—procedure.
(1)
The persons authorised to act in the United Kingdom in connection with international wills are—
(a)
solicitors; and
(b)
notaries public.
(2)
A person who is authorised under section 6(1) of the M18Commissioners for Oaths Act 1889 to do notarial acts in any foreign country or place is authorised to act there in connection with international wills.
(3)
An international will certified by virtue of subsection (1) or (2) above may be deposited in a depository provided under section 23 above.
(4)
Section 23 above shall accordingly have effect in relation to such international wills.
(5)
Subject to subsection (6) below, regulations under section 25 above shall have effect in relation to such international wills as they have effect in relation to wills deposited under section 23 above.
(6)
Without prejudice to the generality of section 25 above, regulations under that section may make special provision with regard to such international wills.
(7)
In section 10 of the M19Consular Relations Act 1968 (by virtue of which diplomatic agents and consular officials may administer oaths and do notarial acts in certain cases)—
(a)
“or
(c)
in conection with an international will.”; and
(b)
at the end of subsection (4) there shall be added the words “
and “international will” has the meaning assigned to it by section 27 of the Administration of Justice Act 1982
”
.
Part V County Courts
29—33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
34 Transfers from High Court to county court.
(1)
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In section 1(2)(c) of the M20Charging Orders Act 1979 (by virtue of which certain High Court orders for an amount exceeding £5,000 must be enforced in the High Court) after the words “High Court” in the second place where they occur, there shall be inserted the words “
or a county court
”
.
35 Transfers from county court to High Court.
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
37 Limits of county court jurisdiction.
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments to restate the limits of county court jurisdiction and to provide for the raising of those limits.
Part VI Funds in Court
38 Management and investment of funds in court.
(1)
Subject to rules made under subsection (7) below, all sums of money, securities and effects paid and deposited in, or under the custody of—
(a)
the High Court;
F38(aa)
the family court;
(b)
F39the county court ; or
(c)
such other courts and tribunals as the Lord Chancellor may by rules made under that subsection prescribe,
shall be vested in the Accountant General.
(2)
One or more accounts shall be opened and kept in the name of the Accountant General at such bank or banks as may be designated by the Lord Chancellor with the concurrence of the Treasury.
(3)
Money and securities held by the Accountant General shall vest in his successor in office without any assignment or transfer.
(4)
A sum of money paid and deposited in court may, . . . F40, be invested and reinvested by the Accountant General in any manner authorised by rules made under subsection (7) below.
(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
(6)
The Accountant General may, in such cases as the Lord Chancellor may by rules made under subsection (7) below prescribe, apply to the court for an order for directions as to the manner in which a particular fund in court is to be dealt with.
(7)
The Lord Chancellor, with the concurrence of the Treasury, may make provision as to the payment of interest on funds in court and may make rules as to the administration and management of funds in court including the deposit, payment, delivery and transfer in, into and out of any court of funds in court and regulating the evidence of such deposit, payment, delivery or transfer.
(8)
Rules made under subsection (7) above may—
(a)
provide for the discharge of the functions of the Accountant General under the rules by a person or persons appointed by him;
(b)
provide for the transfer of money in court to and from the Commissioners;
(c)
provide for money paid and deposited in F39the county court to be vested in, and accounted for by, a person other than the Accountant General;
(d)
prescribe cases in which interest is to be paid on funds in court;
(e)
prescribe cases in which funds in court are to be invested;
(f)
make provision for the transfer of funds in court from one court to another;
F42(fa)
provide for the payment of a sum of money in court into the Consolidated Fund if—
(i)
the payment is in respect of funds in court which have been vested in the Accountant General under subsection (1) for at least 30 years, and
(ii)
the conditions (if any) prescribed by the rules are met. and
(g)
prescribe cases in which moneys payable under a judgment or order shall be paid into court.
(9)
Any such rules may make different provision for different cases.
39 Investment of money transferred to National Debt Commissioners.
(1)
The Commissioners may invest, in such manner as may be prescribed by regulations made by the Treasury, money transferred to them in pursuance of rules made under section 38(7) above or section 82(1) of the M21Judicature (Northern Ireland) Act 1978 and the interest or dividends accruing on investments made under this subsection.
(2)
If in any accounting year the aggregate of the sums of money received by the Commissioners by way of interest and dividends on investments made by them under subsection (1) above, after deduction of—
(a)
any sum required by the Treasury to be set aside to provide for depreciation in the value of investments so made; and
(b)
such sum as the Lord Chancellor may with the concurrence of the Treasury direct to be paid to him in respect of the cost to him in that year of administering funds in court, F43and
(c)
an amount equal to the expenses incurred by the Commissioners in that year in making investments under subsection (1) above and disposing of investments so made
exceeds the aggregate of the sums due to be paid or credited in respect of that year by way of interest on funds in court, the excess shall be paid into the Consolidated Fund.
(3)
If in any accounting year the aggregate of the sums of money received as mentioned in subsection (2) above, after deduction of the sum or sums falling to be deducted under F44paragraphs (a) to (c) of that subsection, is less than the aggregate of the sums due as mentioned in that subsection, the deficiency shall be made good out of the Consolidated Fund.
(4)
The Commissioners shall pay to the Lord Chancellor any sum deducted by them under subsection (2)(b) above; and any sum received by the Lord Chancellor under this subsection shall be paid into the Consolidated Fund.
F45(4A)
Any sum deducted by the Commissioners under subsection (2)(c) above shall be applied as an appropriation in aid of moneys provided by Parliament for the expenses of the National Debt Commissioners; and, so far as not so applied, shall be paid into the Consolidated Fund.
(5)
If at any time the Commissioners are unable to pay—
(a)
to the Accountant General a sum due from them to him under rules made under section 38(7) above; or
(b)
to the Accountant General of the F46Court of Judicature of Northern Ireland a sum due from them to him under rules made under section 82(1) of the M22Judicature (Northern Ireland) Act 1978,
the Treasury shall provide them with it out of the Consolidated Fund.
40 Statutory deposits.
(1)
Where money or securities are deposited with the Accountant General under any enactment or subordinate legislation, whether passed or made before or after the commencement of this Part of this Act, they shall for the purposes of this Part of this Act be treated as if they were funds in court except in so far as—
(a)
the enactment; or
(b)
the subordinate legislation; or
(c)
rules made under section 38(7) above,
provide to the contrary.
(2)
In subsection (1) above “subordinate legislation” means Orders in Council, orders, rules, regulations and other instruments made or to be made under any Act.
41 Transfer of funds in court to Official Custodian for Charities and F47appropriate authority.
(1)
Any funds for the time being vested in the Accountant General and held by him in trust for any charity or in trust for any ecclesiastical corporation in the Church of England may, if the Accountant General on an application made in that behalf to him by the F48Charity Commission or the F47appropriate authority thinks fit so to direct, be transferred to the Official Custodian for Charities or the F47appropriate authority, as the case may be.
(2)
Any funds transferred by virtue of a direction given under subsection (1) above shall be vested in and held by the Official Custodian for Charities or the F47appropriate authority respectively in trust for the charity or ecclesiastical corporation upon the trusts upon which the funds were held before the transfer.
(3)
In this section “ecclesiastical corporation” means a capitular body within the meaning of the M23Cathedrals Measure 1963 or the incumbent of a benefice F49 and “appropriate authority” means, in the case of funds held in trust for a cathedral, the corporate body of that cathedral established under section 9(1)(a) of the Cathedrals Measure 1999 and in the case of funds held in trust for a benefice the Diocesan Board of Finance for the diocese in which that benefice is situated.
F50(4)
The preceding provisions of this section cease to apply to the case of funds held in trust for a cathedral on the commencement in relation to that cathedral of the charity provisions within the meaning of section 53(7) of the Cathedrals Measure 2021
42 Common investment schemes.
(1)
The Lord Chancellor may continue to make schemes (“common investment schemes”) establishing common investment funds for the purpose of investing funds in court and money held by any person who in accordance with subsection (5)(b) below may hold shares in common investment funds.
(2)
A common investment scheme shall provide for the fund thereby established to be under the management and control of an investment manager appointed by the Lord Chancellor.
(3)
A common investment scheme shall make provision for the investment by its investment manager in accordance with the provisions of this section of funds in court transferred to the fund under rules made by virtue of section 38(7) above and of any sums of money transferred to the fund by persons who in accordance with subsection (5)(b) below may hold shares in the fund.
(4)
A common investment scheme shall make provision—
(a)
for treating the fund established by it as being divided into shares; and
(b)
for treating a sum invested in the fund as being represented by a number of shares determined by reference to that sum and the value of the fund at the time the investment was made.
(5)
Shares in a common investment fund—
(a)
shall be allotted to and held by the Accountant General and
(b)
may be allotted to and held by the Accountant General of the F51Court of Judicature of Northern Ireland and any other person authorised by the Lord Chancellor.
(6)
Where a person is authorised under subsection (5) above to hold shares in a common investment fund—
F52(a)
he may invest trust money in shares in the fund without obtaining and considering advice on whether to make such an investment; and
(b)
he may invest trust money in a common investment fund of which he is the investment manager.
(7)
Moneys comprised in the fund established by a common investment scheme may, subject to the provisions of the scheme, be invested by the investment manager of the fund in any way in which he thinks fit, whether or not authorised by the general law in relation to trust funds.
(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
(9)
The investment manager of a fund established by a common investment scheme shall not be required or entitled to take account of any trusts or equities affecting any share in the fund whether or not he is also a trustee of any such trust.
(10)
The investment manager of a fund established by a common investment scheme shall be remunerated at such rates and in such manner as the Lord Chancellor shall with the concurrence of the Treasury determine.
(11)
The salary or remuneration of an investment manager and his officers and such other expenses of executing his office or otherwise carrying this Part of this Act into effect as may be sanctioned by the Treasury shall be paid out of moneys provided by Parliament.
(12)
There shall be charged in respect of the running of a common investment scheme such fees, whether by way of percentage or otherwise, as the Lord Chancellor shall with the concurrence of the Treasury fix and such fees shall be collected and accounted for by such persons, and in such manner, and shall be paid to such account, as the Treasury direct.
(13)
There shall be retained or paid out of a fund established by a common investment scheme any expenses which could be so retained or paid out of trust property if the investment manager of the fund were a trustee and such expenses shall be retained or paid in the same way as and in addition to fees charged in respect of the running of the scheme.
(14)
Fees and expenses recovered under this section shall be paid into the Consolidated Fund.
(15)
Money and securities held by an investment manager of a fund established by a common investment scheme shall vest in his successor in office without any assignment or transfer.
(16)
The power conferred by subsection (1) above to make a common investment scheme shall include the power to vary or revoke such a scheme.
43 Provision for making good defaults.
If the Lord Chancellor, whether on a recommendation made to him by any person interested or not, certifies—
(a)
that the Accountant General; or
(b)
that the manager of a common investment fund,
has been guilty of any default with respect to any money, securities and effects for which he is responsible under this Part of this Act, such sum as may be certified by the Lord Chancellor to be necessary for making good the default shall be paid out of moneys provided by Parliament or, if and so far as it is not so paid, shall be charged on and issued out of the Consolidated Fund.
44 Power to repeal and modify ss. 42 and 43.
(1)
Her Majesty may by Order in Council—
(a)
repeal subsections (8), (10), (12), (14) and (15) of section 42 above and section 43 above; or
(b)
make such modifications to those enactments as Her Majesty considers appropriate.
(2)
Any Order in Council made under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
45 Accounts.
(1)
Accounts shall be prepared and shall at such times as the Treasury shall direct be sent to the Comptroller and Auditor General—
(a)
in respect of his transactions under section 38 above, by the Accountant General;
(b)
in respect of their transactions under section 39 above, by the Commissioners; and
(c)
in respect of transactions in a fund established by a common investment scheme, by the investment manager.
(2)
The accounts shall be in such form and shall be prepared in respect of such periods as the Treasury may direct.
(3)
The Comptroller and Auditor General shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before each House of Parliament.
46 Supplemental.
(1)
Any power conferred by this Part of this Act to make a scheme or rules or regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament F54(subject to subsection (1A)).
F55(1A)
Where the power is exercisable by a Northern Ireland department it shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 F56 subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 F57).
(2)
The following amendments shall have effect—
(a)
the words “
invested under section 38 of the Administration of Justice Act 1982
”
shall be substituted for the words “dealt with under section 6 of the Administration of Justice Act 1965” in each case where they occur in the followng enactments—
(i)
section 46 of the M24Chelsea and Kilmainham Hospitals Act 1826;
F58(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)
sections 70, 78 and 86 of the M25Land Clauses Consolidation Act 1845; and
F59(iv)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
the words “
section 42 of the Administration of Justice Act 1982
”
shall be substituted for the words “section 1 of the Administration of Justice Act 1965”—
F60(i)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)
in section 20(1) of the M26Insurance Companies Act 1958;
F59(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59(g)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Interpretation.
In this Part—
“Accountant General” means F64in relation to England and Wales, the Accountant General of the Senior Courts and, in relation to Northern Ireland, the Accountant General of the Court of Judicature;
“the Commissioners” means the National Debt Commissioners;
“a common investment scheme” means a scheme made under section 42 above;
“funds” or “funds in court” means—
(a)
any money, securities or other investments (including foreign currency and assets) standing or to be placed to the account—
- (i)
of the Accountant General by virtue of section 38(1) above; or
- (ii)
of any other person by virtue of rules made under subsection (7) of that section;
(b)
any effects deposited with the Accountant General by virtue of section 38(1) above;
but does not include any statutory deposit referred to in section 40 above.
48 Application of Part VI to Scotland.
This Part of this Act shall apply to Scotland only in relation to money or securities deposited with the Accountant General in the circumstances referred to in section 40 above; and in the application to Scotland of the power to make rules under section 38(7) above as to the payment or transfer out of court of money or securities treated, by virtue of section 40 above, as if, for the purposes of this Part of this Act, they were funds in court, for the reference to the Lord Chancellor there shall be substituted a reference to the Secretary of State.
F6548AApplication of Part VI to Northern Ireland
(1)
In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.
(2)
For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.
(3)
For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.
(4)
For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.
(5)
For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.
(6)
For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.
(7)
“(5)
Shares in a common investment fund—
(a)
shall be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland, and
(b)
may be allotted to and held by any other person authorised by the Department of Justice in Northern Ireland.”
(8)
“(3)
The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before the Northern Ireland Assembly.
(3A)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of accounts or a report as it applies in relation to the laying of a statutory document under an enactment.”
Part VII Miscellaneous
Family Law
49 Presentation of petitions for matrimonial relief on behalf of patients under Mental Health Act 1959.
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 Orders for the maintenance of wards of court.
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51 Remission of arrears of maintenance.
“(2A)
Where the court has made an order referred to in subsection (2)(a), (b) or (c) above, then, subject to the provisions of this section, the court shall have power to remit the payment of any arrears due under the order or of any part thereof.”.
52 Filing of orders.
In section 19(3) of the M28Inheritance (Provision for Family and Dependants) Act 1975 (under which a copy of every order made under the Act is to be sent to the principal registry of the Family Division for entry and filing, and a memorandum of the order is to be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered) after the words “made under this Act” there shall be inserted the words “
other than an order made under section 15(1) of this Act
”
.
Amendments of Attachment of Earnings Act 1971
53 Power to order debtor to appear before court where attachment of earnings order is in force.
(1)
“(a)
make such an order as is described in subsection (1)(a) or (b) above; and
(b)
order the debtor to attend before it on a day and at a time specified in the order to give the information described in subsection (1)(a) above.”.
(2)
In section 23(1) of that Act (enforcement provisions)—
(a)
after the words “an order” there shall be inserted the words “
or with an order made under section 14(2)(b) above
”
; and
(b)
after the words “hearing of the application” there shall be inserted the words “
or specified in the order
”
.
54 Deductions by employer under attachment of earnings order.
“4
(1)
On any pay-day—
(a)
“the normal deduction” is arrived at by applying the normal deduction rate (as specified in the relevant attachment of earnings order) with respect to the relevant period; and
(b)
“the protected earnings” are arrived at by applying the protected earnings rate (as so specified) with respect to the relevant period.
(2)
For the purposes of this paragraph the relevant period in relation to any pay-day is the period beginning—
(a)
if it is the first pay-day of the debtor’s employment with the employer, with the first day of the employment; or
(b)
if on the last pay-day earnings were paid in respect of a period falling wholly or partly after that pay-day, with the first day after the end of that period; or
(c)
in any other case, with the first day after the last pay-day, and ending—
(i)
where earnings are paid in respect of a period falling wholly or partly after the pay-day, with the last day of that period; or
(ii)
in any other case, with the pay-day.”.
55 Attachment of debts
(1)
The section set out in Part I of Schedule 4 to this Act shall be inserted after section 40 of the M30F68Senior Courts Act 1981.
(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Penalties under Solicitors Act 1974
56 Increase in penalty etc.
In section 47 of the M31Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal)—
(a)
in subsection (2)(c) (payment by solicitor of penalty) for “£750” there shall be substituted “
£3,000
”
; and
(b)
“(4)
If it appears to the Lord Chancellor that there has been a change in the value of money since the relevant date, he may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament substitute for the sum for the time being specified in subsection (2)(c) above such other sum as appears to him to be justified by the change.
(5)
In subsection (4) above “the relevant date” means—
(a)
in relation to the first order under that subsection, the date of the coming into force of section 56 of the Administration of Justice Act 1982; and
(b)
in relation to each subsequent order, the last occasion when the sum specified in subsection (2)(c) above was altered.”.
Judicial Trustees
57 Accounts of judicial trustees.
(1)
In section 1(6) of the M32Judicial Trustees Act 1896 (by virtue of which, among other things, the accounts of every trust of which a judicial trustee has been appointed have to be audited once in every year, and a report on them made to the court) the words from the beginning to “and”, in the second place where it occurs, shall cease to have effect.
(2)
“(11)
for the preparation, auditing (by the court or otherwise) and filing of the accounts of any trust of which a judicial trustee has been appointed;
(12)
for the making of a report to the court on the accounts of any such trust.”.
(3)
“(1A)
The rules under this Act may make different provision for different classes of trust, trustees, beneficiaries or trust property.”.
Recorders
58 Assistance by Recorders for transaction of business of High Court.
At the end of the Table in section 9(1) of the M33F70Senior Courts Act 1981(under which certain persons may be requested to act as judges in specified courts) there shall be added— “
6. A Recorder. The High Court.
”
.
Official referee’s business
59 Official referee’s business.
(1)
In subsection (1)(a) of section 68 of the F71Senior Courts Act 1981(by virtue of which the Lord Chancellor may nominate Circuit judges to deal with official referee’s business) for the words “of the Circuit judges” there shall be substituted the words “
Circuit judges, deputy Circuit judges or recorders
”
.
(2)
Accordingly—
(a)
the word “
persons
”
shall be substituted—
(i)
for the words “Circuit judges” in subsection (5) and (6) of that section; and
(ii)
for the word “judges”, in the second place where it occurs in subsection (6); and
(b)
the word “
person
”
shall be substituted for the words “Circuit judge” in subsection (7).
(3)
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
Jurors
61 Questions to persons summoned for jury service.
In section 2(5) of the M34Juries Act 1974—
(a)
for the words “attends in pursuance of such a summons, or of a summons” there shall be substituted the words “
is summoned under subsection (4) above or
”
; and
(b)
after the word “may”, in the second place where it occurs, there shall be inserted the words “
at any time
”
.
Inquests
F7462 Juries where death in police custody etc. suspected.
“or
(f)
that the death occurred while the deceased was in police custody, or resulted from an injury caused by a police officer in the purported execution of his duty;”.
Explosive substances—consents to prosecutions
63 Consents to prosecutions under the Explosive Substances Act 1883.
(1)
“(1)
Proceedings for a crime under this Act shall not be instituted except by or with the consent of the Attorney General.”.
(2)
In section 9(2) of that Act (application to Scotland) the following paragraph shall be inserted before the paragraph relating to the expression “Attorney General”—
“
Section 7(1) shall be omitted.
”
Constitution of the Law Commission
64 Temporary vacancies in Law Commission.
In section 1(1) of the M37Law Commissions Act 1965 (by virtue of which the Law Commission consists of a Chairman and four other Commissioners) after the word “consisting” there shall be inserted the words “
(except during any temporary vacancy)
”
.
Justices of the Peace
F7565. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land Registration
66 Computerisation of the title register.
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 Jurisdiction.
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 Jurisdiction.
(1)
The Land Registration Act 1925 shall have effect subject to the amendments specified in Schedule 5 to this Act.
(2)
The M69Land Registration Rules 1967 are revoked.
Part VIII Provisions relating to Northern Ireland
68 Damages for personal injuries etc.
Schedule 6 to this Act shall have effect.
69 Interest on debts and damages.
(1)
The section set out in Part I of Schedule 7 to this Act shall be inserted after section 33 of the M38Judicature (Northern Ireland) Act 1978.
(2)
The Article set out in Part II of that Schedule shall be inserted after Article 45 of the M39County Courts (Northern Ireland) Order 1980.
(3)
The enactments specified in Part III of that Schedule shall have effect subject to the amendments there specified being amendments consequential on subsections (1) and (2) above.
70 Amendents of Judicature (Northern Ireland) Act 1978.
The M40Judicature (Northern Ireland) Act 1978 shall have effect subject to the amendents specified in Schedule 8 to this Act.
71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
72 Travelling, subsistence and financial loss allowances for Justices of the Peace.
(1)
“12A Travelling subsistence and financial loss allowances for justices of the peace.
(1)
Subject to the provisions of this section, a justice of the peace other than a resident magistrate shall be entitled—
(a)
to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice, and
(b)
to receive payments by way of financial loss allowance where for that performance there is incurred by him any other expenditure to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received.
(2)
Allowances under this section shall be paid at rates determined by the Lord Chancellor with the consent of the Treasury.”.
(2)
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IX General and Supplementary
73 Transitional provisions and savings.
(1)
Subject to subsections (2) and (3) below, nothing in Part I of this Act or paragraphs 2 to 10 of Schedule 6 to this Act applies to causes of action which accrue before its commencement.
(2)
Section 6 above and paragraph 10 of Schedule 6 to this Act shall apply to actions whenever commenced, including actions commenced before the passing of this Act.
(3)
The provisions to which this subsection applies have effect where a person has died after the commencement of Part I of this Act.
(4)
The provisions of this Act to which subsection (3) above applies are—
(a)
section 1;
(b)
section 4(2); and
(c)
paragraph 9(2) of Schedule 6.
(5)
Without prejudice to the provisions of Parts II and III of the M42Prescription and Limitation (Scotland) Act 1973, Part II of this Act shall apply to rights of action which accrued before, as well as rights of action which accrue after, the coming into operation of that Part of this Act; but nothing in Part II of this Act other than the repeal of section 5 of the M43Damages (Scotland) Act 1976 shall affect any proceedings commenced before that Part of this Act comes into operation.
(6)
Nothing in the following provisions of this Act—
(a)
section 17;
(b)
section 18(2);
(c)
sections 19 to 22;
(d)
section 75, so far as it relates—
(i)
to the M44Wills Act Amendment Act 1852; and
(ii)
to the M45Family Law Reform Act 1969,
affects the will of a testator who dies before the commencement of the provision in question.
(7)
Neither section 18(1) above nor the repeal by this Act of section 177 of the M46Law of Property Act 1925 affects a will made before the commencement of section 18(1) above.
(8)
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
Nothing in paragraph 1 of Schedule 6 to this Act affects a cause of action accruing before that paragraph comes into force if an action in respect thereof has been begun before the paragraph comes into force.
74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81
75 Repeals and revocations.
(1)
The enactments specified in Part I of Schedule 9 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Part of that Schedule.
(2)
The instruments specified in Part II of that Schedule are revoked to the extent specified in the third column of that Part of that Schedule.
76 Commencement.
(1)
The provisions of this Act specified in subsection (2) below shall come into operation on such day as the Lord Chancellor may by order appoint.
(2)
The provisions of this Act mentioned in subsection (1) above are—
(a)
section 6;
(b)
Part III;
(c)
sections 34 and 35;
(d)
sections 38 to 47;
(e)
section 54;
(f)
section 57;
(g)
section 69;
(h)
section 73(8);
(j)
section 75, so far as it relates—
(i)
to the M47Judicial Trustees Act 1896;
(ii)
to section 17 of the M48Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937;
(iii)
to the M49Prevention of Fraud (Investments) Act 1958;
(iv)
to sections 99(3), 168 to 174A and 176 of the M50County Courts Act 1959;
(v)
to sections 1 to 16 of the M51Administration of Justice 1965 and Schedule 1 to that Act;
(vi)
to the M52Administration of Justice Act 1977; and
(vii)
to the M53Judicature (Northern Ireland) Act 1978;
(k)
paragraph 10 of Schedule 6; and
(l)
paragraphs 6 to 8 of Schedule 8.
(3)
The provisions of this Act specified in subsection (4) below shall come into operation on such day as the Secretary of State may by order appoint.
(4)
The provisions of this Act mentioned in subsection (3) above are—
(a)
section 12;
(b)
section 14(2);
(c)
section 48; and
(d)
section 75 above, so far as it relates to the M54Damages (Scotland) Act 1976.
(5)
The provisions of this Act specified in subsection (6) below shall come into operation on such day as the Lord Chancellor and the Secretary of State may by order jointly appoint.
(6)
The provisions of this Act mentioned in subsection (5) above are—
(a)
sections 23 to 25;
(b)
sections 27 and 28;
(c)
section 75, so far as it relates—
(i)
to section 126 of the M55F82Senior Courts Act 1981; and
(ii)
to Article 27 of the M56Administration of Estates (Northern Ireland) Order 1979.
(7)
Any order under this section shall be made by statutory instrument.
(8)
Any such order may appoint different days for different provisions and for different purposes.
(9)
The provisions of this Act specified in subsection (10) below shall come into operation on the day this Act is passed.
(10)
The provisions of this Act mentioned in subsection (9) above are—
(a)
section 32;
(b)
section 36;
(c)
section 52;
(d)
section 60;
(e)
section 64;
(f)
section 65;
(g)
this section;
(h)
section 77; and
(j)
section 78.
(11)
Subject to the foregoing provisions of this section, this Act shall come into operation on 1st January 1983.
77 Extent.
(1)
Subject to subsection (6) below, the following provisions of this Act—
(a)
sections 3, 4 and 6;
(b)
Part III;
(c)
sections 17 to 22;
(d)
Part V;
(e)
sections 49 to 57;
(f)
sections 65 to 67,
extend to England and Wales only.
(2)
Sections 1, 2, 5, 39, 42 to 47, 64 and 74 above extend to England and Wales and Northern Ireland.
(3)
Part II of this Act and section 26 above extend to Scotland only and Part VI of this Act applies to Scotland only to the extent specified in section 48 above.
(4)
Part VIII of this Act extends to Northern Ireland only.
(5)
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Subject to subsection (5) above, where any enactment repealed or amended or instrument revoked by this Act extends to any part of the United Kingdom, the repeal, amendment or revocation extends to that part.
78 Citation.
This Act may be cited as the Administration of Justice Act 1982.
SCHEDULE 1 Interest on debts and damages
Part I Section Inserted in F84Senior Courts Act 1981
Power of High Court to award interest on debts and damages.
35A
(1)
Subject to rules of court, in proceedings (when-ever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgement is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgement, for all or any part of the period between the date when the cause of action arose and—
(a)
in the case of any sum paid before judgement, the date of the payment; and
(b)
in the case of the sum for which judgement is given, the date of the judgement.
(2)
In relation to a judgement given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—
(a)
with the substitution of “shall be included” for “may be included”; and
(b)
with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given” where first occuring.
(3)
Subject to rules of court, where—
(a)
there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
(b)
the defendant pays the whole debt to the plaintiff (otherwise than in the pursuance of a judgement in the proceedings),
the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(4)
Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(5)
Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides.
(6)
Interest under this section may be calculated at different rates in respect of different periods.
(7)
In this section “plaintiff” means the person seeking the debt or damages and “defendent” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
(8)
Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
Part II . . . F85
Part III Consequential amendment of Crown Proceedings Act 1947
In section 24(3) of the M57Crown Proceedings Act 1947 for the words from the beginning to “damages)” there shall be substituted the words “
Section 35A of the Supreme Court Act 1981 and section 97A of the County Courts Act 1959 (which respectively empower the High Court and county courts to award interest on debts and damages) and section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 (which empowers other courts of record to do so)
”
.
F86Part IV
Power of arbitrator to award interest.
19A
(1)
Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, award simple interest at such rate as he thinks fit—
(a)
on any sum which is the subject of the reference but which is paid before the award, for such period ending not later than the date of the payment as he thinks fit; and
(b)
on any sum which he awards, for such period ending not later than the date of the award as he thinks fit.
(2)
The power to award interest conferred on an arbitrator or umpire by subsection (1) above is without prejudice to any other power of an arbitrator or umpire to award interest.
SCHEDULE 2 The Annex to the Convention on International Wills
UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL
Article 1
1. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter.
2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind.
Article 2
This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument.
Article 3
1. The will shall be made in writing.
2. It need not be written by the testator himself.
3. It may be written in any language, by hand or by any other means.
Article 4
1. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof.
2. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
Article 5
1. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.
2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf.
3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Article 6
1. The signatures shall be placed at the end of the will.
2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.
Article 7
1. The date of the will shall be the date of its signature by the authorized person.
2. This date shall be noted at the end of the will by the authorized person.
Article 8
In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9.
Article 9
The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with.
Article 10
The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form:
CERTIFICATE
1. I, ............ (name, address and capacity), a person authorized to act in connection with international wills
2. Certify that on ............ (date) at ............ (place)
3. (testator) ............ (name, address, date and place of birth)in my presence and that of the witnesses
4.(a) ............ (name, address, date and place of birth)
(b) ............ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof.
5. I furthermore certify that:
6.(a) in my presence and in that of the witnesses]
(1) the testator has signed the will or has acknowledged his signature previously affixed.
*(2) following a declaration of the testator stating that he was unable to sign his will for the following reason ............
—I have mentioned this declaration on the will
*—the signature has been affixed by ............ (name, address)
7.(b) the witnesses and I have signed the will;
8. *(c) each page of the will has been signed by ............ and numbered:
9.(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
10.(e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;
11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will:
12.Place
13.Date
14.Signature and, if necessary, Seal
*To be completed if appropriate.
Article 11
The authorized person shall keep a copy of the certificate and deliver another to the testator.
Article 12
In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law.
Article 13
The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law.
Article 14
The international will shall be subject to the ordinary rules of revocation of wills.
Article 15
In interpreting and applying the provisions of this law, regard shall be had as to its international origin and to the need for uniformity in its interpretation.
SCHEDULE 3 Monetary Limits of County Court Jurisdiction
Part I The County Court Limit
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87
Part II Amendents of enactments specifying monetary limits
2
The words “the county court limit”
shall be substituted for every reference to a sum of money in the enactments specified in paragraph 3 below.
3
The enactments mentioned in paragraph 2 above are—
(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88
(b)
the following provisions of other Acts—
(i)
in the M58Settled Land Act 1925, section 113(3);
(ii)
in the M59Consumer Credit Act 1974, section 139(5) (re-opening of extortionate credit agreements);
(iii)
in the M60Solicitors Act 1974, section 69(3) (actions for solicitors’ costs);
(iv)
in the M61Charging Orders Act 1979, section 1(2)(c).
4
The following subsection shall be inserted—
(a)
after section 113(3) of the Settled Land Act 1925, as section 113(3A);
(b)
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“In the preceding subsection “the county court limit” means the county court limit for the time being specified by an Order in Council under section 192 of the County Courts Act 1959 as the county court limit for the purposes of that subsection.”.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90
6
In section 1(2) of the M62Charging Orders Act 1979, after the word “section”, in the first place where it occurs, there shall be inserted the words “
“county court limit”
means the county court limit for the time being specified in an Order in Council under section 192 of the County Courts Act 1959, as the county court limit for the purposes of this section and
”
.
Part III Power to raise County Court limit
7
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Highways
8
(1)
Sums recoverable under section 59 of the M63Highways Act 1980 (expenses due to extraordinary traffic) shall be recoverable in the county court F92 . . .
F93(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4 Attachment of debts
Part I Section inserted in F94Senior Courts Act 1981
Administrative and clerical expenses of garnishees.
40A
(1)
A sum may be prescribed which, before complying with an order made in the exercise of the jurisdiction mentioned in section 40(2)—
(a)
any deposit-taking institution; or
(b)
any such institution of a prescribed description,
may deduct, subject to subsection (2) below, towards the clerical and administrative expenses of complying with the order, from any money which, but for the deduction, would be attached by the order.
(2)
The prescribed sum may not be deducted or, as the case may be, retained in a case where, by virtue of section 40 of the M64Bankruptcy Act 1914 or section 325 of the M65Companies Act 1948 or otherwise, the creditor is not entitled to retain the benefit of the attachment.
(3)
In this section—
“deposit-taking institution” has the meaning assigned to it by section 40(6); and
“prescribed” means prescribed by an order made by the Lord Chancellor.
(4)
An order under this section—
(a)
may make different provision for different cases; and
(b)
without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
(5)
Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Part II . . . F95
F96F96SCHEDULE 5
In the M66Land Registration Act 1925—
- (a)the following paragraph shall be substituted for section 3(ii)—
“(ii)
“the court” means the High Court or, where county courts have jurisdiction by virtue of rules made under section 138(1) of this Act, the county court;”;
- (b)F97the following section shall be substituted for section 112—
“112 Inspection of register and other documents
(1)
Subject—
(a)
to section 112A below;
(b)
to the provisions of this Act as to furnishing information to Government departments and local authorities; and
(c)
to such exceptions as may be prescribed,
any person registered as proprietor of any land or charge, and any person authorised—
(i)
by any such proprietor; or
(ii)
by an order made under subsection (2) or (3) of this section; or
(iii)
by general rule,
but no other person, shall have a right, on payment of a fee and in accordance with the presribed procedure, to inspect and make copies of the whole or any part of any register or document in the custody of the registrar relating to such land or charge.
(2)
The High Court may by order authorise—
(a)
the inspection of a register or document in the custody of the registrar and relating to land or a charge; and
(b)
the making of copies of the whole or any part of any such register or document,
if—
(i)
it appears to the court that the register or any such document may contain information which is relevant to proceedings pending in the court (including proceedings for the enforcement of a judgment or order of the High Court or any other court); or
(ii)
it appears to the court, on an application made for that purpose, that such an order ought to be made for any other reason.
(3)
A county court may by order authorise—
(a)
the inspection of a register or document in the custody of the registrar and relating to land or a charge; and
(b)
the making of copies of the whole or any part of any such register or document,
if it appears to the court that the register or any such document may contain information which is relevant to proceedings pending in the court (including proceedings for the enforcement of a judgment or order of the court or of any other court).”;
- (c)the following section shall be substituted for section 138—
“138 Jurisdiction of High Court and county courts.
(1)
Any jurisdiction conferred on the High Court by this Act or by the Land Registration and Land Charges Act 1971 may also be exercised, to such extent as may be prescribed, by county courts.
(2)
Subject to the enactments relating to the Supreme Court of Judicature for the time being in force, all matters within the jurisdiction of the High Court under this Act or the said Act of 1971 shall be assigned to the Chancery Division of that court.
(3)
Where the county court has jurisdiction under this Act or that Act it shall have all the powers of the High Court for the purposes of that jurisdiction.
(4)
The Lord Chancellor may assign any duties of the High Court under this Act or that Act to any particular judge or judges of the High Court.”; and
- (d)
in section 144(1) (which among other things provides for the inclusion in the Rule Committee of a judge of the Chancery Division chosen by the judges of that division) for the words “to be chosen by the judges of that division” there shall be substituted the words
“ nominated by the Lord Chancellor ”
.
SCHEDULE 6 Damages for Personal Injuries etc.Northern Ireland
Abolition of actions for enticement, seduction and harbouring of child
1
No person shall be liable in tort under the law of Northern Ireland—
(a)
to a parent (or person standing in the place of a parent) on the ground only of his having deprived the parent (or other person) of the services of his or her child by raping, seducing or enticing that child; or
(b)
to any other person for harbouring the child of that other person.
Fatal accidents
2
“(2)
In this Order “dependant” means—
(a)
the wife or husband or former wife or husband of the deceased;
(b)
any person who—
(i)
was living with the deceased in the same household immediately before the date of the death; and
(ii)
had been living with the deceased in the same household for at least two years before that date; and
(iii)
was living during the whole of that period as the husband or wife of the deceased;
(c)
any parent or other ascendant of the deceased;
(d)
any person who was treated by the deceased as his parent;
(e)
a child or other descendant of the deceased;
(f)
any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time party, was treated by the deceased as a child of the family in relation to that marriage;
(g)
any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased;
and “the deceased” has the meaning given by Article 3(2).
(2A)
The reference to the former wife or husband of the deceased in paragraph (2)(a) includes a reference to a person whose marriage to the deceased has been annulled or declared void as well as a person whose marriage to the deceased has been dissolved.”.
3
In paragraph (2) of Article 3 of that Order for the word “Every” there shall be substituted the words “
Subject to Article 3A(2), every
”
.
4
“ Bereavement
3A
(1)
An action under this Order may consist of or include a claim for damages for bereavement.
(2)
A claim for damages for bereavement shall only be for the benefit—
(a)
of the wife or husband of the deceased; and
(b)
where the deceased was a minor who was never married—
(i)
of his parents, if he was legitimate and
(ii)
of his mother, if he was illegitimate.
(3)
Subject to paragraph (5), the sum to be awarded as damages under this Article shall be £3,500.
(4)
Where the claim is a claim for damages under this Article for the benefit of both the parents of the deceased, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).
(5)
The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this Article by varying the sum for the time being specified in paragraph (3).”.
5
In Article 4 of that Order—
(a)
in paragraph (2), for the word “dependants” there shall be substituted the words “
persons for whose benefit an executor or administrator could have brought it
”
; and
(b)
in paragraph (4), for the word “dependants” there shall be substituted the word “
persons
”
.
6
(1)
“(1)
In the action such damages, other than damages for bereavement, may be awarded as are proportioned to the injury resulting from the death to the dependants respectively.
(1A)
After deducting the costs not recoverable from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.”.
(2)
In paragraph (2), for “(1)” there shall be substituted “
(1A)
”
.
(3)
In paragraph (3), for the words “In assessing damages payable to a widow in respect of the death of her husband in an action under this Order” there shall be substituted the words “
In an action under this Order where there fall to be assessed damages payable to a widow in respect of the death of her husband
”
.
(4)
“(3A)
In an action under this Order where there fall to be assessed damages payable to a person who is a dependant by virtue of Article 2(2)(b) in respect of the death of the person with whom the dependant was living as husband or wife there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.”.
(5)
In paragraph (5), for the words “the dependant’s shares” there shall be substituted the words “
any person’s share
”
.
7
“ Assessment of damages: disregard of benefits
6
(1)
In assessing damages in respect of a person’s death in an action under this Order, benefits which have accrued or will or may accrue to any person from his estate or otherwise as a result of his death shall be disregarded.”.
8
In Article 7, the words “brought for the benefit of the dependants of that person” shall be omitted.
Exclusion of section 14 of Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937
9
(1)
“(1A)
The right of a person to claim under Article 3A of the Fatal Accidents (Northern Ireland) Order 1977 (bereavement) shall not survive for the benefit of his estate on his death.”.
(2)
“(a)
shall not include—
(i)
any exemplary damages;
(ii)
any damages for loss of income in respect of any period after that person’s death;”.
Orders for provisional damages for personal injury
10
(1)
This paragraph applies to an action under the law of Northern Ireland for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
(2)
Subject to sub-paragraph (4) below, as regards any action for damages to which this paragraph applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—
(a)
damages assessed on the assumption that the injured person will not develop the disease or suffer deterioration in his condition; and
(b)
further damages at a furure date if he develops the disease or suffers the deterioration.
(3)
Any rules made by virtue of this paragraph may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(4)
Nothing in this paragraph shall be construed—
(a)
as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
(b)
as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.
(5)
This paragraph shall have effect in relation to county courts in Northern Ireland as it has effect in relation to the High Court as if references in it to rules of court included references to county court rules.
(6)
In this paragraph “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
SCHEDULE 7 Interest on Debts and Damages—Northern Ireland
Part I Section inserted in Judicature (Northern Ireland) Act 1978
Power of High Court to award interest on debts and damages.
33A
(1)
Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(i)
in the case of any sum paid before judgment, the date of the payment; and
(ii)
in the case of the sum for which judgment is given, the date of the judgment.
(2)
Subject to rules of court, where—
(a)
there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
(b)
the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings).
the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(3)
Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(4)
Without prejudice to the generality of section 55, rules of court may provide for a rate of interest by reference to a rate for which any other enactment provides.
(5)
Interest under this section may be calculated at different rates in respect of different periods.
(6)
In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages.
(7)
Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
Part II Article inserted in County Courts Northern Ireland) Order 1980
Interest on debts and damages
45A
(1)
Subject to county court rules, in proceedings (whenever instituted) before a county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as county court rules may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(i)
in the case of any sum paid before judgment, the date of the payment; and
(ii)
in the case of the sum for which judgment is given, the date of the judgment.
(2)
Subject to county court rules, where—
(a)
there are proceedings (whenever instituted) before a county court for the recovery of a debt; and
(b)
the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings).
the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as county court rules may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(3)
Interest in respect of a debt shall not be awarded under this Article for a period during which, for whatever reason, interest on the debt already runs.
(4)
Interest under this Article may be calculated at different rates in respect of different periods.
(5)
In this Article “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damage.
(6)
Nothing in this Article affects the damages recoverable for the dishonour of a bill of exchange.
Part III Amendments Consequential on Section 69
Crown Proceedings Act 1947 (c. 44)
1
In section 24(3) of the Crown Proceedings Act 1947 as it applies in Northern Ireland in relation to Her Majesty’s Government in the United Kingdom and in relation to Her Majesty’s Government in Northern Ireland for the words from the beginning to “damages)” there shall be substituted the words “
Section 33A of the Judicature (Northern Ireland) Act 1978 and Article 45A of the County Courts (Northern Ireland) Order 1980 (which respectively empower the High Court and county courts to award interest on debts and damages)
”
.
Judicature (Northern Ireland) Act 1978 (c. 23)
2
In section 31(9)(c) of the Judicature (Northern Ireland) Act 1978 for the words “section 17 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937” there shall be substituted the words “
Article 45A of the County Courts (Northern Ireland) Order 1980
”
.
County Courts (Northern Ireland) Order 1980
3
In Article 2(4) of the County Courts (Northern Ireland) Order 1980 for the words from “the power” to the end there shall be substituted the words “
Article 45A or of anything done under it
”
.
SCHEDULE 8 Amendments of Judicature (Northern Ireland) Act 1978
1
“(6)
Her Majesty may by Order in Council from time to time create divisions or additional divisions of the Court of Appeal or provide that any division be abolished; and any such Order in Council may contain such provision as may appear to Her Majesty to be necessary or proper for that purpose and may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to Her Majesty to be necessary or expedient to do so in consequence of the Order.”.
2
F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (3) of section 53 (which applies to certain provisions relating to the Supreme Court Rules Committee to the Crown Court Rules Committee and the Crown Court rules) for the words “56(1) and (2)” there shall be substituted the words “
56(1), (2) and (2A)
”
.
5
“(2A)
Rules made by the Rules Committee shall be statutory rules for the purpose of the Statutory Rules (Northern Ireland) Order 1979.”.
6
In section 78(1)(a) (accounts of funds in court) for the words “Part I of the Administration of Justice Act 1965” there shall be substituted the words “
Part VI of the Administration of Justice Act 1982
”
.
7
In section 81(a)(ii) (which provides for the investment of funds in court) for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “
section 42 of the Administration of Justice Act 1982
”
.
8
In section 82(1) (rules regulating funds in court)—
(a)
in paragraph (b)(ii), for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “
section 42 of the Administration of Justice Act 1982
”
; and
(b)
in paragraph (d) for the words “section 1 of the Administration of Justice Act 1965” there shall be substituted the words “
section 42 of the Administration of Justice Act 1982
”
; and
(c)
in paragraph (i) for the words “the Public Trustee” there shall be substituted the words “
the investment manager of a common investment scheme made under section 42 of the Administration of Justice Act 1982
”
.
9
In section 85 (which provides for any default of a member of the Northern Ireland Court Service with respect to money, securities or effects in the Supreme Court or the county court or any statutory deposit to be made good by the Lord Chancellor) after the words “Lord Chancellor” there shall be added the words “
or, if and so far as it is not paid, shall be charged on and issued out of the Consolidated Fund.
”
.
10
In section 91 (orders for sale, grant of injunctions and appointment of receivers by the High Court and county courts)—
(a)
in subsection (1) for the word “or”, in the third place where it occurs, there shall be substituted the word “
and
”
; and
(b)
“(4)
The power of the High Court and, in matters within its jurisdiction, the county court, to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction or otherwise dealing with it, assets located within the jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within the jurisdiction.”.
11
“94A Withdrawal of privilege against incrimination of self or spouse in certain proceedings.
(1)
In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse, to proceedings for a related offence or for the recovery of a related penalty—
(a)
from answering any question put to that person in the first-mentioned proceedings; or
(b)
from complying with any order made in those proceedings.
(2)
Subsection (1) applies to the following civil proceedings in the High Court, namely—
(a)
proceedings for infringement of rights pertaining to any intellectual property or for passing off;
(b)
proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and
(c)
proceedings brought to prevent any apprehended infringement of such rights or to any apprehended passing off.
(3)
Subject to subsection (4), no statement or admission made by a person—
(a)
in answering a question put to him in any proceedings to which subsection (1) applies; or
(b)
in complying with any order made in any such proceedings,
shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the spouse of that person.
(4)
Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.
(5)
In this section—
“intellectual property” means any patent, trade mark, copyright, registered design, technical or commercial information or other intellectual property;
“related offence”, in relation to any proceedings to which subsection (1) applies, means—
(a)
in the case of proceedings within subsection (2)(a) or (b)—
(i)
any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or
(ii)
any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty;
(b)
in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;
“related penalty”, in relation to any proceedings to which subsection (1) applies, means—
(a)
in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate;
(b)
in the case of proceedings within subsection (2)(c) any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.
(6)
Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.”.
12
“117A Allowances for judges.
The Lord Chancellor shall pay to any judge of the Court Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Treasury.”.
SCHEDULE 9
Part I Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
15 & 16 Vict. c. 24. | Wills Act Amendment Act 1852. | The whole Act. |
23 & 24 Vict. c. 115. | Crown Debts and Judgments Act 1860. | The whole Act. |
59 & 60 Vict. c. 35. | Judicial Trustees Act 1896. | In section 1(6), the words from the beginning to “and”, in the second place where it occurs. |
4 & 5 Geo. 5. c. 59. | Bankruptcy Act 1914. | In section 16(13) and in section 28(1)(c), the words “under a judgment against him in an action for seduction, or”. |
15 & 16 Geo. 5. c. 20. | Law of Property Act 1925. | Section 177. |
24 & 25 Geo. 5. c. 41. | Law Reform (Miscellaneous Provisions) Act 1934. | In section 1(1), the words “or seduction”. |
1 Edw. 8 & 1 Geo. 6. c. 9 (N.I.). | Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937. | In section 14(1), the words “or seduction”. |
Section 17. | ||
6 & 7 Eliz. 2. c. 45. | Prevention of Fraud (Investments) Act 1958. | Section 4(3). |
7 & 8 Eliz. 2. c. 22. | County Courts Act 1959. | Section 2. |
Section 20. | ||
Section 25. | ||
Section 99(3). | ||
Section 102(3)(e). | ||
In section 148, in subsection (1)(a), the words “in a county court” and subsection (2). | ||
Sections 168 to 174. | ||
Section 174A. | ||
Section 176. | ||
7 & 8 Eliz. 2. c. 72. | Mental Health Act 1959. | In section 103(1)(h), the words from “so however” to the end of the paragraph. |
1965 c. 2. | Administration of Justice Act 1965. | Sections 1 to 16. |
Section 18. | ||
In section 20, subsections (1) and (2), and in subsection (7), the words from “and” to the end. | ||
In Schedule 1, the entry relating to the Prevention of Fraud (Investments) Act 1958. | ||
1969 c. 46. | Family Law Reform Act 1969. | Section 16. |
1969 c. 58. | Administration of Justice Act 1969. | Section 10. |
1974 c. 4. | Legal Aid Act 1974. | In Part II of Schedule 1, paragraph 2. |
1975 c. 63. | Inheritance (Provision for Family and Dependants) Act 1975. | Section 22. |
1976 c. 13. | Damages (Scotland) Act 1976. | Section 5. |
1976 c. 30. | Fatal Accidents Act 1976. | In section 5, the words “brought for the benefit of the dependants of that person”. |
In Schedule 1, in paragraph 2(2) the entry relating to the Deposit of Poisonous Waste Act 1972. | ||
1977 c. 38. | Administration of Justice Act 1977. | Section 11. |
1978 c. 23. | Judicature (Northern Ireland) Act 1978. | Section 83. |
1979 c. 2. | Customs and Excise Management Act 1979. | In Schedule 4, in the Tale to paragraph 12, the entry relating to the Crown Debts and Judgments Act 1860. |
1981 c. 54. | F100Senior Courts Act 1981. | Section 126. |
Section 143. | ||
In Schedule 3, paragraphs 23 to 26. | ||
In Schedule 5, the paragraphs relating to the Bankruptcy Act 1914 and the Companies Act 1948. |
Part II Repeals
Reference | Title | Extent of revocation |
|---|---|---|
S.I. 1967 No. 761. | Land Registration Rules 1967. | The whole instrument. |
S.I. 1977 No. 1251 (N.I. 18). | Fatal Accidents (Northern Ireland) Order 1977. | In Article, the words “brought for the benefit of the dependents of that person”. |
S.I. 1979 No. 1575 (N.I. 14). | Administration of Estates (Northern Ireland) Order 1979. | Article 27. |