Administration of Justice Act 1982 (c. 53)

Extent Information

E1 Pt. VI applies to Scotland only to the extent specified in s. 48

Part VII U.K. Miscellaneous

Family Law U.K.

49 Presentation of petitions for matrimonial relief on behalf of patients under Mental Health Act 1959. U.K.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 49 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

50 Orders for the maintenance of wards of court. U.K.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 50 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

51 Remission of arrears of maintenance. U.K.

The following subsection shall be inserted after subsection (2) of section 31 of the M1 Matrimonial Causes Act 1973 (which gives the High Court and divorce county courts power to vary or discharge certain orders for the payment of maintenance etc. or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended)—

“(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.”.

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 III paras 2, 3, Sch. 8, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1973 c. 18.

52 Filing of orders. U.K.

In section 19(3) of the M2 Inheritance (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 ”.

Modifications etc. (not altering text)

C2 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.

Marginal Citations

M2 1975 c. 63.

Amendments of Attachment of Earnings Act 1971 U.K.

53 Power to order debtor to appear before court where attachment of earnings order is in force. U.K.

(1) In section 14(2) of the M3 Attachment of Earnings Act 1971 (power of court to make certain orders where an attachment of earnings order is in force) for the words from “make such” to the end there shall be substituted the words—

“(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 ”.

Modifications etc. (not altering text)

C3 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.

Marginal Citations

M3 1971 c. 32.

54 Deductions by employer under attachment of earnings order. U.K.

The following paragraph shall be substituted for paragraph 4 of Schedule 3 to the Attachment of Earnings Act 1971 (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.”.

Modifications etc. (not altering text)

C4 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.

55 Attachment of debts U.K.

(1) The section set out in Part I of Schedule 4 to this Act shall be inserted after section 40 of the M4 [F3 Senior Courts Act 1981].

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F3 S. 55(1) for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2

F4 S. 55(2) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

Modifications etc. (not altering text)

C5 The text of s. 3, 46(2), 55, 62, Sch. 3 Pt. II, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1981 c. 54.

Penalties under Solicitors Act 1974 U.K.

56 Increase in penalty etc. U.K.

In section 47 of the M5 Solicitors 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) the following subsections shall be added after subsection (3)—

“(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.”.

Modifications etc. (not altering text)

C6 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.

Marginal Citations

M5 1974 c. 47.

Judicial Trustees U.K.

57 Accounts of judicial trustees. U.K.

(1) In section 1(6) of the M6 Judicial 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) The following paragraphs shall be substituted for paragraph (11) of subsection (1) of section 4 of that Act (by virtue of which rules may be made for the filing and auditing of the accounts of any trust of which a judicial trustee has been appointed)—

“(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) The following subsection shall be inserted after the said subsection (1)—

“(1A) The rules under this Act may make different provision for different classes of trust, trustees, beneficiaries or trust property.”.

Modifications etc. (not altering text)

C7 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.

Marginal Citations

M6 1896 c. 35.

Recorders U.K.

58 Assistance by Recorders for transaction of business of High Court. U.K.

At the end of the Table in section 9(1) of the M7 [F5 Senior 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. ”.

Textual Amendments

F5 S. 58 for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2

Modifications etc. (not altering text)

C8 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.

Marginal Citations

M7 1981 c. 54.

Official referee’s business U.K.

59 Official referee’s business. U.K.

(1) In subsection (1)(a) of section 68 of the [F6 Senior 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) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 59(1) for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2

F7 S. 59(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

Textual Amendments

F8 S. 60 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

Jurors U.K.

61 Questions to persons summoned for jury service. U.K.

In section 2(5) of the M8 Juries 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 ”.

Modifications etc. (not altering text)

C9 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.

Marginal Citations

M8 1974 c. 23.

Inquests U.K.

[F9 62 Juries where death in police custody etc. suspected. U.K.

In section 13(2) of the M9 Coroners (Amendment) Act 1926 (which requires a coroner to summon a jury in certain circumstances) there shall be added after paragraph (e) the following paragraph— “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;”.]

Textual Amendments

F9 S. 62 repealed (E.W.) by Coroners Act 1988 (c. 13, SIF 33), ss. 33, 36(2), Sch. 4

Modifications etc. (not altering text)

C10 The text of s. 3, 46(2), 55, 62, Sch. 3 Pt. II, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M9 1926 c. 59.

Explosive substances—consents to prosecutions U.K.

63 Consents to prosecutions under the Explosive Substances Act 1883. U.K.

(1) The following subsection shall be substituted for section 7(1) of the M10 Explosive Substances Act 1883—

“(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. ”

Modifications etc. (not altering text)

C11 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.

Marginal Citations

M10 1883 c. 3.

Constitution of the Law Commission E+W+N.I.

64 Temporary vacancies in Law Commission. E+W+N.I.

In section 1(1) of the M11 Law 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) ”.

Modifications etc. (not altering text)

C12 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.

Marginal Citations

M11 1965 c. 22.

Justices of the Peace U.K.

F10 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 65 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

Land Registration U.K.

66 Computerisation of the title register. E+W

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 66 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with ss. 129, 134, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

67 Jurisdiction. E+W

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 67 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with ss, 129, 134, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

67 Jurisdiction. E+W

(1) The Land Registration Act 1925 shall have effect subject to the amendments specified in Schedule 5 to this Act.

(2) The M12 Land Registration Rules 1967 are revoked.

Modifications etc. (not altering text)

C13 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.

Marginal Citations

M12 S.I. 1967 No. 761.