Administration of Justice Act 1982

Part IX U.K. General and Supplementary

73 Transitional provisions and savings. U.K.

(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 M1 Prescription 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 M2 Damages (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 M3 Wills Act Amendment Act 1852; and

(ii) to the M4 Family 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 M5 Law of Property Act 1925 affects a will made before the commencement of section 18(1) above.

(8) Until Part VI of this Act comes into force—

(a) in section 1 of the M6 Administration of Justice Act 1965—

(i) in subsection (4), after the word “General” there shall be inserted the words “ and the Public Trustee ”; and

(ii) the following subsection shall be inserted after that subsection—

“(4A) Where provision is made by a common investment scheme for the Public Trustee to hold shares in a common investment fund, he shall have the same power to invest trust money in shares in the fund as if they were investments specified in Part I of Schedule 1 to the Trustee Investments Act 1961.”; and

(b) in the M7 County Courts Act 1959—

(i) —the following subsection shall be substituted for section 99(3)—

“(3) Subject to rules under section 168 of this Act, all moneys payable under a judgment or order shall be paid into court.”; and

(ii) the following paragraph shall be added at the end of section 168—

“(o) prescribing cases in which moneys payable under a judgment or order are to be paid by one party to the other party or his solicitor and regulating, in such cases as may be prescribed, the evidence of such payment.”.

(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.

Marginal Citations

M1 1973 c. 52.

M2 1976 c. 13.

M3 1852 c. 24.

M4 1969 c. 46.

M5 1925 c. 20.

M6 1965 c. 2.

M7 1959 c. 22.

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+N.I.

Textual Amendments

F1 S. 74 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844(4), Sch. 31

75 Repeals and revocations. E+W+S

(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.

Modifications etc. (not altering text)

C1 The text of s. 4, 6(1)(2), 14(1)(2)(4), 15(1)(3)(6), 16–19, 28(7), 34, 35, 49–54, 56–59, 61, 63–67, 69(1)(2), 70, 72(1), 75, Sch. 1 Pts. I, III, IV, Sch. 3 Pt. III para. 7, Sch. 4 Pt. I, Sch. 6 paras. 2–9, Sch. 7 Pts. I, II, Sch. 7 Pt. III paras 2, 3, Sch. 8, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Commencement Information

I1 S. 75 partly in force at Royal Assent; s. 75 partly in force for certain purposes at 13.6.1991 see s. 76(1)(2)(j) and S.I. 1991/1245, art. 2

76 Commencement. U.K.

(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 M8 Judicial Trustees Act 1896;

(ii) to section 17 of the M9 Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937;

(iii) to the M10 Prevention of Fraud (Investments) Act 1958;

(iv) to sections 99(3), 168 to 174A and 176 of the M11 County Courts Act 1959;

(v) to sections 1 to 16 of the M12 Administration of Justice 1965 and Schedule 1 to that Act;

(vi) to the M13 Administration of Justice Act 1977; and

(vii) to the M14 Judicature (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 M15 Damages (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 M16 Supreme Court Act 1981; and

(ii) to Article 27 of the M17 Administration 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.

Subordinate Legislation Made

P1 S. 76(1) power partly exercised: 13.6.1991 appointed for specified provisions by S.I.1991/1245

Modifications etc. (not altering text)

C2 Power of appointment conferred by s. 76(1) partly exercised: S.I. 1983/236, 1984/1142, 1985/858, 1986/2259

C3 Power of appointment conferred by s. 76(3) partly exercised: S.I. 1984/1287

C4 Power of appointment conferred by s. 76(5) not yet exercised

Marginal Citations

M8 1896 c. 35.

M9 1937 c. 9. (N.I.).

M10 1958 c. 45.

M11 1959 c. 22.

M12 1965 c. 2.

M13 1977 c. 38.

M14 1978 c. 23.

M15 1976 c. 13.

M16 1981 c. 54.

M17 S.I. 1979 No. 1575 (N.I. 14).

77 Extent. U.K.

(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) The repeal of the M18 Wills Act Amendment Act 1852 by section 75 above does not extend to Northern Ireland.

(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.

Marginal Citations

M18 1852 c. 24.

78 Citation. U.K.

This Act may be cited as the Administration of Justice Act 1982.