Administration of Justice Act 1982

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 Supreme Court 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.

(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 [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979; and any such statutory rule shall be laid before Parliament after being made in like manner as a statutory instrument and section 4 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

(7) The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made in accordance with subsection (3)(a) or (c) above as if the regulations had been made by a Minister of the Crown.

(8) Any regulations made under section 172 of the [1925 c. 49.] Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the [1981 c. 54.] Supreme Court 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.