Administration of Justice Act 1970

1. Introductory Text

2. PART I Courts and Judges

   1. High Court

      1. 1. Redistribution of business among divisions of the High Court

      2. 2. Admiralty Court

      3. 3. Commercial Court

      4. 4. Power of judges of Commercial Court to take arbitrations

      5. 5. The Vice-Chancellor

      6. 6. Divisional Courts

   2. Assizes and Central Criminal Court

      1. 7. Extension of power to dispense with holding of assizes

      2. 8. Sittings of Central Criminal Court

   3. Court of Appeal

      1. 9. Constitution of criminal division and powers of single judge

   4. Patents and Registered Designs Appeal Tribunals

      1. 10. Temporary additional judges

3. PART II Enforcement of Debt

   1. Provisions restricting sanction of imprisonment

      1. 11. Restriction on power of committal under Debtors Act 1869 (c. 62)

      2. 12. Restriction on magistrates' power of committal for civil debt

   2. Enforcement by attachment of earnings

      1. 13. Courts with power to attach earnings

      2. 14. Application for order and conditions of court's power to make it

      3. 15. Effect and contents of order

      4. 16. Compliance with order by employer

      5. 17. Interrelation with alternative remedies open to creditor

      6. 18. Variation, lapse and discharge of orders

      7. 19. Application of sums received by collecting officer

      8. 20. Power of court to obtain statements of earnings etc.

      9. 21. Obligation of debtor and his employers to notify changes of employment and earnings

      10. 22. Power of court to determine whether particular payments are earnings

      11. 23. Consolidated orders

      12. 24. Provisions as to persons employed under the Crown

      13. 25. Enforcement provisions

      14. 26. Meaning of " earnings "

      15. 27. Consequential amendments of 1958 Act

      16. 28. Other provisions for interpretation of Part II

   3. Supplementary

      1. 29. Extension of county court's power to make administration order

      2. 30. Consequential and transitional provisions

4. PART III Discovery and Related Procedures

   1. 31. Power of court to order disclosure, etc. of documents before commencement of proceedings

   2. 32. Extension of existing powers of court to order disclosure of documents, inspection of property, etc.

   3. 33. Provisions supplementary to ss. 31 and 32

   4. 34. Application of ss. 31 to 33 to county courts and High Court in Northern Ireland

   5. 35. Application to Crown

5. PART IV Actions by Mortgagees for Possession

   1. 36. Additional powers of court in action by mortgagee for possession of dwelling-house

   2. 37. Exclusive jurisdiction of county court in certain mortgage actions

   3. 38. Further provisions as to actions in county court for possession of mortgaged land

   4. 39. Interpretation of Part IV

6. PART V Miscellaneous Provisions

   1. 40. Punishment for unlawful harassment of debtors

   2. 41. Recovery of costs and compensation awarded by magistrates, assizes, quarter sessions, etc.

   3. 42. Enforcement of fines

   4. 43. Procedure for recovery of legal aid contributions in criminal cases

   5. 44. Interest on judgment debts

   6. 45. Removal of limit on number of county court judges assignable to a district and of certain registrars appointed jointly

   7. 46. Deputy county court registrar not to act as such in certain proceedings

   8. 47. Extension of power to make rules, etc. for purposes of Rent Act 1968 (c. 23)

   9. 48. Variation in rate of payments in maintenance order registered in magistrates' court

   10. 49. Amendments relating to guardianship of minors

   11. 50. Proof of age before magistrates

   12. 51. Minor amendments of Children and Young Persons Act 1969 (c. 54)

7. PART VI General

   1. 52. Financial provisions

   2. 53. Powers of Parliament of Northern Ireland

   3. 54. Citation, interpretation, repeals, commencement and extent

8. SCHEDULES

   1. SCHEDULE 1

      High Court Business Assigned to Family Division

      1. Business at first instance

      2. Appellate business

   2. SCHEDULE 2

      Amendment of Enactments Consequential on Section 1

      1. THE COURT OF PROBATE ACT (IRELAND) 1859 (22 and 23 Vict. c. 31)

         1. 1. In section 25 of the Court of Probate Act (Ireland)...

      2. THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920 (c. 33)

         1. 2. In section 1 of the Maintenance Orders (Facilities for Enforcement)...

      3. THE ADMINISTRATION OF ESTATES ACT 1925 (c. 23)

         1. 3. In section 23 of the Administration of Estates Act 1925...

         2. 4. In section 47A of the said Act of 1925 (life...

         3. 5. In section 55 of the said Act of 1925 (interpretation),...

      4. THE SUPREME COURT OF JUDICATURE (CONSOLIDATION) ACT 1925 (c. 49)

         1. References to Probate Division and its President

            1. 6. In the following provisions of the Supreme Court of Judicature...

         2. Other amendments in Parts 1 to V

            1. 7. In section 5 of the said Act of 1925 (power...

            2. 8. In section 56 of the said Act of 1925 (allocation...

            3. 9. For section 107 of the said Act of 1925 (principal...

            4. 10. In section 112 of the said Act of 1925 (classification...

            5. 11. In Schedule 3 to the said Act of 1925, Part...

         3. Amendments of references in Part VII to principal probate registry and registrar

            1. 12. In the following provisions of the said Act of 1925,...

            2. 13. In section 157 of the said Act of 1925 (copies...

            3. 14. In the following provisions of the said Act of 1925,...

            4. 15. In section 167 of the said Act of 1925 (administration...

      5. THE INHERITANCE (FAMILY PROVISION) ACT 1938 (c. 45)

         1. 16. In section 3 of the Inheritance (Family Provision) Act 1938...

      6. THE ADMINISTRATION OF JUSTICE (PENSIONS) ACT 1950 (14 & 15 Geo. 6 c. 11)

         1. 17. In Schedule 1 to the Administration of Justice (Pensions) Act...

      7. THE SUPREME COURT OFFICERS (PENSIONS) ACT 1954 (c. 38)

         1. 18. In section 2 of the Supreme Court Officers (Pensions) Act...

      8. THE PUBLIC RECORDS ACT 1958 (c. 51)

         1. 19. In section 8 of the Public Records Act 1958 (deposit...

      9. THE JUDICIAL PENSIONS ACT 1959 (c. 9)

         1. 20. In Schedule 1 to the Judicial Pensions Act 1959 (judicial...

      10. THE COUNTY COURTS ACT 1959 (c. 22)

          1. 21. In section 42 of the County Courts Act 1959 (jurisdiction...

          2. 22. At the end of section 54(2) of the said Act...

          3. 23. In section 62(1) of the said Act of 1959 (probate...

          4. 24. In section 64 of the said Act of 1959 (effect...

      11. THE JUDGES' REMUNERATION ACT 1965 (c. 61)

          1. 25. In Schedule 1 to the Judges' Remuneration Act 1965 (salaries...

      12. THE MATRIMONIAL CAUSES ACT 1967 (c. 56)

          1. 26. In section 4 of the Matrimonial Causes Act 1967 (county...

          2. 27. In section 7 of the said Act of 1967 (matrimonial...

          3. 28. In section 10 of the said Act of 1967 (interpretation),...

   3. SCHEDULE 3

      Application of Arbitration Act 1950 to Judge-Arbitrators

      1. 1. In this Schedule— (a) " the Act" means the Arbitration...

      2. 2. In section 1 of the Act (authority of arbitrator to...

      3. 3. The power of the High Court under section 7 of...

      4. 4. Section 8(3) of the Act (power of High Court to...

      5. 5. (1) The powers conferred on the High Court or a...

      6. 6. Section 13(2) and (3) of the Act (extension of time...

      7. 7. (1) Section 18(4) of the Act (provision enabling a party...

      8. 8. (1) Section 19 of the Act (power of High Court...

      9. 9. (1) In sections 21(1) and (2), 22 and 23 of...

      10. 10. (1) Section 24(2) of the Act (removal of issue of...

      11. 11. Section 25 of the Act (powers of court on removal...

      12. 12. The leave required by section 26 of the Act (enforcement...

   4. SCHEDULE 4

      Taxes, Social Insurance Contributions, etc. subject to Special Enforcement Provisions in Part II

      1. 1. Income tax or any other tax or liability recoverable under...

      2. 2. Selective employment tax under section 44 of the Finance Act...

      3. 3. Contributions under— section 3 (flat-rate) or section 4 (graduated) of...

      4. 4. Redundancy Fund contributions under section 27 of the Redundancy Payments...

   5. SCHEDULE 5

      Deductions by Employer under Attachment of Earnings Order

      1. PART I Scheme of Deductions

         1. Preliminary definitions

            1. 1. The following three paragraphs have effect for defining and explaining,...

            2. 2. " Pay-day ", in relation to earnings paid to a...

            3. 3. " Attachable earnings", in relation to a pay-day, are the...

            4. 4. On any pay-day— (a) "the normal deduction" is arrived at...

         2. Employer's deduction (judgment debts and administration orders)

            1. 5. In the case of an attachment of earnings order made...

         3. Employer's deduction (other cases)

            1. 6. (1) The following provision shall have effect in the case...

      2. PART II Priority as between Orders

         1. 7. Where the employer is required to comply with two or...

         2. 8. Where the employer is required to comply with two or...

   6. SCHEDULE 6

      Enactments Providing Benefits which are not to be Treated as Debtor's Earnings

   7. SCHEDULE 7

      Provisions of Maintenance Orders Act 1958 as amended

      1. PART I Amendments of Sections 9 and 20

         1. 1. In this Part of this Schedule " the Act" means...

         2. 2. In section 9(2) of the Act— (a) after " order...

         3. 3. In section 9(4) and (5) of the Act, for "...

         4. 4. In section 9(4) of the Act— (a) for the words...

         5. 5. In section 9(5) of the Act— (a) for the words...

         6. 6. In section 20 of the Act— (a) in subsection (1),...

      2. PART II Sections 9 and 20 as amended

   8. SCHEDULE 8

      Maintenance Orders for purposes of 1958 Act and Part II of this Act

      1. 1. An order for alimony, maintenance or other payments made, or...

      2. 2. An order for payments to or in respect of a...

      3. 3. An order for maintenance or other payments to or in...

      4. 4. An order under— (a) section 3(2), 5(4) or 6 of...

      5. 5. An affiliation order (that is to say an order under...

      6. 6. An order under section 87 of the Children and Young...

      7. 7. An order under section 43 of the National Assistance Act...

      8. 8. An order to which section 16 of the Maintenance Orders...

      9. 9. A maintenance order within the meaning of the Maintenance Orders...

   9. SCHEDULE 9

      Enforcement of Orders for Costs, Compensation, etc.

      1. PART I Cases where Payment Enforceable as on Summary Conviction

         1. Costs awarded by magistrates

            1. 1. Where a magistrates' court, on the summary trial of an...

            2. 2. Where an appellant to quarter sessions against conviction or sentence...

         2. Costs awarded by assizes and quarter sessions

            1. 3. Where a person appeals to quarter sessions against conviction or...

            2. 4. Where a person is prosecuted or tried on indictment or...

            3. 5. Where the accused is ordered by quarter sessions to pay...

         3. Costs awarded by Court of Appeal (criminal division) or House of Lords

            1. 6. Where the criminal division of the Court of Appeal dismisses...

            2. 7. Where the criminal division of the Court of Appeal or...

         4. Criminal costs awarded by High Court

            1. 8. Where a person is tried at bar in the Queen's...

         5. Miscellaneous orders for costs, compensation, damages etc.

            1. 9. Where a court makes an order for the payment of...

            2. 10. Where under section 4 of the Forfeiture Act 1870 or...

            3. 11. Where under section 11(2) of the Criminal Justice Act 1948...

            4. 12. Where under section 55 of the Children and Young Persons...

      2. PART II Cases where costs enforceable summarily as civil debt

         1. Costs awarded by magistrates

            1. 13. Where a magistrates' court, on the summary trial of an...

            2. 14. Where an appellant to quarter sessions from a magistrates' court...

            3. 15. Where examining justices determine not to commit a person for...

         2. Costs awarded by assizes and quarter sessions

            1. 16. Where a person convicted by a magistrates' court appeals to...

            2. 17. Where a person appeals to quarter sessions from a magistrates'...

            3. 18. Where a person is prosecuted or tried on indictment or...

            4. 19. Where a person is committed for trial and is not...

            5. 20. Where the prosecutor is ordered by quarter sessions to pay...

         3. Criminal costs awarded by High Court

            1. 21. Where a person is tried at bar in the Queen's...

   10. SCHEDULE 10

       Enforcement by Magistrates' Court of Legal Aid Contribution Order

       1. General provisions as to enforcement

          1. 1. In this Schedule "collecting court" and "legal aid contribution order...

          2. 2. The collecting court may, in relation to a legal aid...

          3. 3. Sections 74 (complaint for arrears), 75 (effect of committal on...

          4. 4. Any costs awarded, under section 55 of the Magistrates' Courts...

          5. 5. Sections 17 and 18 of the Maintenance Orders Act 1958...

          6. 6. Section 68 of the Magistrates' Courts Act 1952 (application of...

       2. Transfer of enforcement proceedings to different court

          1. 7. (1) Where it appears to the collecting court that a...

   11. SCHEDULE 11

       Enactments Repealed