Administration of Justice Act 1970

SCHEDULES

SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

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Amendments (Textual)

F1 Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

Section 1.

SCHEDULE 2 E+W+S+N.I. AMENDMENT OF ENACTMENTS CONSEQUENTIAL ON SECTION 1

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Modifications etc. (not altering text)

C1 The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S+N.I.

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Amendments (Textual)

F2 Sch. 2 para. 1 repealed by Administration of Estates Act 1971 (c. 25), s. 12(3), Sch. 2 Pt. I

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33) E+W+S+N.I.

2 In section 1 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (provisions for registration and enforcement of maintenance orders made overseas), in subsection (2), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”. E+W+S+N.I.

The Administration of Estates Act 1925 (c.23) E+W+S+N.I.

3 In section 23 of the Administration of Estates Act 1925 (grant of representation in the case of settled land), in subsections (3) and (4), for the words “Principal Probate Registry” substitute the words “principal registry of the Family Division of the High Court”. E+W+S+N.I.

4 In section 47A of the said Act of 1925 (life interest of surviving spouse on an intestacy), in subsection (7), for the words “principal probate registrar” substitute the words “principal registrar of the Family Division of the High Court”. E+W+S+N.I.

F3 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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Amendments (Textual)

F3 Sch. 2 para. 5 repealed (1.7.1995) by 1994 c. 36, s. 21(2), Sch. 2 (with s. 20); S.I. 1995/1317, art. 2

The Supreme Court of Judicature (Consolidation) Act 1925 (c. 49) E+W+S+N.I.

References to Probate Division and its President

[F4 6 In the following provisions of the Supreme Court of Judicature (Consolidation) Act 1925, for the words “Probate, Divorce and Admiralty Division” or “Probate Division”, in each place where they occur, substitute the words “Family Division”:— E+W+S+N.I.

• section 2 (constitution of High Court), subsection (1) ;

• section 3 (qualification to sit as judge), subsection (1) ;

• section 4 (divisions of High Court), subsections (1)(iii) and (2) ;

• section 6 (constitution of Court of Appeal), subsection (2) ;

• section 9 (qualification of judges), subsection (3) ;

• section 16 (precedence of judges), subsections (2) and (2a) ;

• section 70 (commissioners of assize), subsections (3) and (5) ;

• section 99 (rules of court), subsections (4) and (6) ;

• section 100 (rules about non-contentious probate business), subsection (1) ;

• section 108 (district probate registries), subsections (2), (3) and (5) ;

• section 109 (clerks of district probate registries), subsections (1) and (2) ;

• section 113 (power to abolish offices) ;

• section 115 (tenure of officers of Supreme Court), subsection (3) ;

• section 116 (appointment of deputies for court officers), subsection (4) ;

• section 128A (district probate registrar), subsections (2) and (3)

• section 152 (duties of district probate registrars), subsection (2), (3), (5) and (6) ;

• section 156 (calendars of grants), subsection (2) ;

• section 157 (copies of will to be delivered to Revenue) ;

• section 172 (depositories of wills of living persons) ;

• section 174 (seals for use in probate registries), subsection (1) ;

• section 220 (documents filed in, or in custody of, central office), subsection (3) ;

• Schedule 2 (district probate registries), paragraph 2 ;

• Schedule 3, Part I (officers to whom special provisions as to appointment, retirement and pension apply).]

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Amendments (Textual)

F4 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F5 Other amendments in Parts I to V E+W+S+N.I.

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Amendments (Textual)

F5 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

7 In section 5 of the said Act of 1925 (power to alter divisions by Order in Council), in subsection (1), for the words “on a report or reccomendation of the council of judges of the Supreme Court assembled in persuance of the provisions of Part Xof this Act”, substitute the words “on a recommendation of the Lord Chancellor, the Lord Cheif Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor” E+W+S+N.I.

8 In section 56 of the said Act of 1925 (allocations of business to divisions)— E+W+S+N.I.

(a)

in subsection (1)(b), for the words “The wardship of infants and the care of infants’ estates” substitute—

“The appointment of a guardian of a minor’s estate alone;”

(b)

after subsection (1)(b) insert—

“(bb) all causes and matters involving the exercise of the High Court’s probate jurisdiction otherwise than in respect of non–contentious or common form probate business”;

(c)

after subsection (2)(a) insert—

“(aa) all causes and matters involving the exercise of the High Court’s Admiralty jurisdiction, or its jurisdiction as a prize court;”

(d)

for subsection (3) substitute—

“(3) To the Family Division—

(a) all causes and matters involving the exercise of the High Court’s probate jurisdiction in proceedings specified in schedule 1 to the Administration of Justice Act 1970;

(b) all causes and matters which under,or by virtue or in pursuance of, any other enactment for the time being in force are assigned to the Family Division.”

9 For section 107 of the said Act of 1925 (principal probate registry) substitute— E+W+S+N.I.

“107 The principal registry of the Family Division, for the purpose of non-contentious or common form probate business, shall remain in London, unless Her Majesty by Order in Council appoints some other place for it.”]

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S+N.I.

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Amendments (Textual)

F6 Sch. 2 para. 10 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

[F7 11 In Schedule 3 to the said Act of 1925, Part I (officers to whom special provisions as to appointment, retirement and pension apply), after the words “Assistant Master of the Supreme Court (King’s Bench Division)” insert the words “Admiralty Registrar”.] E+W+S+N.I.

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Amendments (Textual)

F7 S. 34(1), Sch. 2 paras. 6-9, 11-15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F8 Amendments of references in Part VII to principal probate registry and registrar E+W+S+N.I.

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Amendments (Textual)

F8 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

12 In the following provisions of the said Act of 1925, for the words “the principal probate registry”, in each place where they occur, substitute the words “the principal registry of the Family Division”:— E+W+S+N.I.

• section 126 (qualification for appointment to certain offices), subsection (3) ;

• section 150 (application for grants) ;

• section 151 (grants in district probate registries), subsection (3) ;

• section 152 (duties of district probate registrars), subsections (1), (2), (3), (4) and (5) ;

• section 154 (caveats), subsections (1) and (2) ;

• section 156 (records of grants), subsection (1) ;

• section 168 (resealing of Scottish confirmations), subsections (1), (2) and (3) ;

• section 169 (resealing of Northern Irish grants), subsections (1), (2) and (3) ;

• section 170 (deposit of wills, etc.) ;

• section 171 (official copies of wills), paragraphs (b) and (c) ;

• section 174 (seals for use in probate registries), subsection (1).]

[F9 13 In section 157 of the said Act of 1925 (copies of wills to be delivered to Commissioners of Inland Revenue), for the words “every probate registry” substitute the words “the principal registry of the Family Division and every district probate registry”.] E+W+S+N.I.

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Amendments (Textual)

F9 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F10 14 In the following provisions of the said Act of 1925, for the words “the principal probate registrar”, in each place where they occur, substitute the words “the principal registrar of the Family Division”:— E+W+S+N.I.

• section 167 (administration bonds), subsection (2) ;

• section 168 (re-sealing of Scottish confirmations), subsection (3) ;

• section 169 (re-sealing of Northern Irish grants), subsection (2) ;

• section 171 (official copies of wills), paragraph (c).]

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Amendments (Textual)

F10 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[F11 15 In section 167 of the said Act of 1925 (administration bonds), in subsection (1), for the words from “senior” to “principal probate registrar”, where last occurring, substitute the words “principal registrar of the Family Division and, subject to the provisions of this section, if that registrar” ; and in subsection (4), for the words “the principal probate registrar” substitute the words “the principal registrar of the Family Division or, before the coming into force of section 1 of the Administration of Justice Act 1970, the principal probate registrar”.] E+W+S+N.I.

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Amendments (Textual)

F11 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S+N.I.

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Amendments (Textual)

F12 Sch. 2 para. 16 repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), Sch.

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W+S+N.I.

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Amendments (Textual)

F13 Sch. 2 para. 17 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

The Supreme Court Officers (Pensions) Act 1954 (c. 38) E+W+S+N.I.

[F14 18 In section 2 of the Supreme Court Officers (Pensions) Act 1954 (judges’ secretaries and clerks), in subsections (2), (5) and (6), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.] E+W+S+N.I.

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Amendments (Textual)

F14 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

The Public Records Act 1958 (c. 51) E+W+S+N.I.

19 In section 8 of the Public Records Act 1958 (deposit and custody of court records), in subsection (5), for the words “Probate Division” substitute the words “Family Division”. E+W+S+N.I.

[F15 The Judicial Pensions Act 1959 (c. 9) E+W+S+N.I.

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Amendments (Textual)

F15 S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

20 In Schedule 1 to the Judicial Pensions Act 1959 (judicial offices qualifying for pension at rates set out in section 1) for the words “Probate, Divorce and Admiralty Division” substitute the words “Probate, Divorce and Admiralty, or Family Division”.] E+W+S+N.I.

[F16 The County Courts Act 1959 (c. 22) E+W+S+N.I.

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Amendments (Textual)

F16 Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

21 In section 42 of the County Courts Act 1959 (jurisdiction by agreement in certain actions) for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction”.] E+W+S+N.I.

[F17 22 At the end of section 54(2) of the said Act of 1959 (transfer of equity proceedings from High Court to county court) insert the words “other than a matter in relation to which section 63 of this Act applies”.] E+W+S+N.I.

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Amendments (Textual)

F17 Sch. 2 para. 22 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 and also expressed to be repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[F18 23 In section 62(1) of the said Act of 1959 (probate jurisdiction) and section 63 thereof (transfer of probate proceedings from High Court to county court), for the words “principal probate registry”, in each place where they occur, substitute the words “principal registry of the Family Division”.] E+W+S+N.I.

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Amendments (Textual)

F18 Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

The County Courts Act 1959 (c.22) E+W+S+N.I.

24 In section 64 of the said Act of 1959 (effect of order of judge in probate proceedings), in paragraph (a), after the word “principal” insert the words “registry of the Family Division” ; and, in paragraph (b), for the words “principal probate registry” substitute the words “principal registry of the Family Division”. E+W+S+N.I.

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S+N.I.

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Amendments (Textual)

F19 Sch. 2 para. 25 repealed by Administration of Justice Act 1973 (c. 15, SIF 37),Sch. 5 Pt. IV

The Matrimonial Causes Act 1967 (c. 56) E+W+S+N.I.

26 F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

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Amendments (Textual)

F20 Sch. 2 para. 26 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W+S+N.I.

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Amendments (Textual)

F21 Sch. 2 para. 27 repealed by Matrimonial Clauses Act 1973 (c. 18, SIF 49:3), Sch. 3

28 F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

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Amendments (Textual)

F22 Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}

F23 SCHEDULE 3 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F23 Sch. 3 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with ss. 1, 2, 5, 81, 84, 93(6), 94, 95, 106); S.I. 1996/3146, arts. 3, 4, Sch. 2

Sections 11, 12 and 14.

SCHEDULE 4 E+W+S+N.I. Taxes, Social Insurance Contributions, etc. subject to Special Enforcement Provisions in Part II

1 Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the M2 Taxes Management Act 1970. E+W+S+N.I.

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Marginal Citations

M2 1970 c. 9.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W+S+N.I.

Annotations:

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Amendments (Textual)

F26 Sch. 4 para. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

3 [F27 Contributions equivalent premiums] under Part III of the M3 [F28 Pension Schemes Act 1993] E+W

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Amendments (Textual)

F27 Words in Sch. 4 para. 3 substituted (6.4.1997) by 1995 c. 26, s. 151, Sch. 5 para. 2; S.I. 1997/664, art. 2(3)

F28 Words in Sch. 4 para. 3 substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 2; S.I. 1994/86, art. 2

Marginal Citations

M3 1993 c. 48.

3A Class 1, 2 and 4 contributions under Part I of the M4 [F29 Social Security Contributions and Benefits Act 1992]. E+W+S

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Amendments (Textual)

F29 Words in Sch. 4 para. 3A substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992, c. 6, ss. 4, 7(2), Sch. 2 para. 6

Marginal Citations

M4 1992 c. 6.

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W+S+N.I.

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Amendments (Textual)

F30 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I

SCHEDULES 5–7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W

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Amendments (Textual)

F31 Schs.5–7 repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45:1), s, 29(2), Sch. 6

Section 28.

SCHEDULE 8 E+W+S+N.I. Maintenance Orders for purposes of 1958 Act and Part II of this Act

1 An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M5 Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.). E+W+S+N.I.

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Marginal Citations

M5 1965 c. 72.

2 An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.). E+W+S+N.I.

[F32 2A An order for periodical or other payments made, or having effect as if made, under Pt. II of the M6 Matrimonial Causes Act 1973]. E+W+S+N.I.

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Amendments (Textual)

F32 Sch. 8 para. 2A inserted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 10(2)

Marginal Citations

M6 1973 c. 18.

3 An order for maintenance or other payments to or in respect of a spouse or child being an order made, [F33 under Part I of the M7 Domestic Proceedings and Magistrates’ Courts Act 1978]. E+W+S+N.I.

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Amendments (Textual)

F33 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(3), Sch. 2 para. 26

Marginal Citations

M7 1978 c. 22.

[F34 4 An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.] E+W

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Amendments (Textual)

F34 Sch. 8 para. 4 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 37(1); S.I. 1991/1883, art.3, Sch.

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 E+W+S+N.I.

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Amendments (Textual)

F35 Sch. 8 para. 5 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 27(b), Sch. 3 paras. 1, 6, Sch. 4

6 An order E+W

[F36 (a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or

(b) made under] . . . F37 section 23 of the Ministry of Social Security Act 1966 [F38 F39 . . .section 18 of the Supplementary Benefits Act 1976][F40 or section 24 of the Social Security Act 1986][F41 or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

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Amendments (Textual)

F36 Words in Sch. 8 para. 6 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 6(1); S.I. 1991/1883, art. 3, Sch.

F37 Word repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

F38 Words inserted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

F39 Word in Sch. 8 para. 6 omitted (1.7.1992) by virtue of Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.7

F40 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 para. 42(b)

F41 Words in Sch. 8 para. 6 inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 7

7 F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

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Amendments (Textual)

F42 Sch. 8 para. 7 repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

8 An order to which section 16 of the M8 Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act. E+W+S+N.I.

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Modifications etc. (not altering text)

C3 Para. 8 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)

Marginal Citations

M8 1950 c. 37.

9 A maintenance order within the meaning of the M9 Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act. E+W+S+N.I.

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Marginal Citations

M9 1920 c. 33.

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43 E+W+S+N.I.

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Amendments (Textual)

F43 Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

[F44 11 A maintenance order within the meaning of Part I of the M10 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I.] E+W+S+N.I.

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Amendments (Textual)

F44 Sch. 8 para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 6

Marginal Citations

M10 1972 c. 18.

F45 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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Amendments (Textual)

F45 Sch. 8 para. 12 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 37(2), Sch.20; S.I. 1991/1883, art.3, Sch.

[F46 13 A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.] E+W+S+N.I.

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Amendments (Textual)

F46 Sch. 8 para. 13 inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 5

[F47 13A A maintenance judgment within the meaning of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F48 , as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)], which is registered in a magistrates’ court under that Regulation.] E+W

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Amendments (Textual)

F47 Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8

F48 Words in Sch. 8 para. 13A inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 5, Sch. para. 6(2)

[F49 14 An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.] E+W+S+N.I.

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Amendments (Textual)

F49 Sch. 8 para. 14 inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 8

[F50 15 An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.] E+W+S+N.I.

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Amendments (Textual)

F50 Sch. 8 para. 15 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 para. 34, S.I. 2005/3175, {art. 2(2)}

Section 41.

SCHEDULE 9 E+W Enforcement of Orders for Costs, Compensation, etc.

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Modifications etc. (not altering text)

C4 Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)

Part I E+W Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistrates E+W

1 Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor. E+W

[F51 1A Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.] E+W

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Amendments (Textual)

F51 Sch. 9 Para. 1A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(2)

2 Where an appellant to [F52 the Crown Court]against conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal. E+W

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Amendments (Textual)

F52 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

Costs awarded by assizes and quarter sessions E+W

3 Where a person appeals to [F53 the Crown Court]against conviction or sentence by a magistrates’ court, and [F53 the Crown Court]makes an order as to costs to be paid by him. E+W

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Amendments (Textual)

F53 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

4 Where a person is prosecuted or tried on indictment . . . F54 before [F55 the Crown Court]and is convicted, and the court [F56 makes an order as to costs to be paid by him]. E+W

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Amendments (Textual)

F54 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13

F55 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

F56 Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(3)

[F57 4A Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.] E+W

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Amendments (Textual)

F57 Sch. 9 para. 4A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(4)

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 E+W

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Amendments (Textual)

F58 Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

Costs awarded by Court of Appeal (criminal division) or House of Lords E+W

[F59 6 Where the criminal division of the Court of Appeal makes an order as to costs to be paid by— E+W

(a) an appellant;

(b) an applicant for leave to appeal to that court; or

(c) in the case of an application for leave to appeal to the [F60 Supreme Court], an applicant who was the appellant before the criminal division.]

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Amendments (Textual)

F59 Sch. 9 para. 6 substituted for Sch. 9 paras.6, 7 by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(5)

F60 Words in Sch. 9 para. 6(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 6(c); S.I. 2009/1604, art. 2(d)

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61 E+W

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Amendments (Textual)

F61 Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

Miscellaneous orders for costs, compensation, damages etc. E+W

[F62 9 Where a court makes an order by virtue of [F63 regulations made under section 19(5) of the Prosecution of Offences Act 1985] for the payment of costs by an offender.] E+W

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Amendments (Textual)

F62 Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6

F63 Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(6)

[F64 10 Where under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation.] E+W

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Amendments (Textual)

F64 Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)

12 Where under [F65 section 137 of the Powers of Criminal Courts (Sentencing) Act 2000] a court orders any fine, . . . F66 compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person. E+W

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Amendments (Textual)

F65 Words in Sch. 9 para. 12 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(3)

F66 Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

[F67 13 Where under section 161A of the Criminal Justice Act 2003 a court orders the payment of a surcharge.] E+W

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Amendments (Textual)

F67 Sch. 9 Pt. 1 para. 13 inserted after para. 12 (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(3), 60; S.I. 2007/602, art. 2(a)

[F68 Where under section 5 of the Isle of Wight County Council Act M11 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section.]

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Amendments (Textual)

F68 Sch. 9 Pt.I new paragraph inserted by Isle of Wight County Council Act 1971 (c. lxxi), s. 5(9)(e) (as amended by and set out in Isle of Wight Act 1990 (c. iv), s. 5, Sch.) for the purposes of s.41

Marginal Citations

M11 1971 c.lxxi.

Part II E+W Cases where costs enforceable summarily as civil debt

Costs awarded by magistrates E+W

[F69 13 Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.] E+W

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Amendments (Textual)

F69 Sch. 9 para. 13 substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(7)

14 Where an appellant to [F70 the Crown Court] from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal. E+W

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Amendments (Textual)

F70 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71 E+W

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Amendments (Textual)

F71 Sch. 9 para. 15 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt. II para. 7(8), Sch. 2

Costs awarded by assizes and quarter sessions E+W

[F72 16 Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.] E+W

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Amendments (Textual)

F72 Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)

[F73 Costs awarded by Court of Appeal (criminal division) E+W

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Amendments (Textual)

F73 Sch. 9 para. 16A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(9)

16A Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the [F74 Supreme Court], an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.] E+W

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Amendments (Textual)

F74 Words in Sch. 9 para. 16A substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

17–20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 E+W

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Amendments (Textual)

F75 Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76 E+W

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Amendments (Textual)

F76 Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

SCHEDULE 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77 E+W

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Amendments (Textual)

F77 Sch. 10 repealed by Legal Aid Act 1974 (c. 4), s. 42(1), Sch. 5 Pt. I

Section 54.

Schedule 11 E+W+S+N.I. Enactments Repealed

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Modifications etc. (not altering text)

C5 The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
33 & 34 Vict. c. 23.	The Forfeiture Act 1870.	In section 4, the words from “and the amount” onwards.
49 & 50 Vict. c. 27.	The Guardianship of Infants Act 1886.	In section 5 the words from “and in every case” onwards.
		. . . F78
		. . .
		. . .
		In section 11, paragraph (a), and, in paragraph (c), the words “Englan d or”.
4 & 5 Geo. 5. c. 59.	The Bankruptcy Act 1914.	Section 107(1) to (3).
15 & 16 Geo. 5. c. 23.	The Administration of Estates Act 1925.	In section 30(3), the words “the Probate, Divorce and Admiralty Divisio n of”.
15 & 16 Geo. 5. c. 59.	The Supreme Court of Judicature (Consolidation) Act 1925.	In section 5(1), the words “report or”.
		In section 58, the words from “and (4) Subject to rules of court” onwards.
		In section 63, in paragraph (b) of the proviso to subsection (6), the words “with the concurrence of the other judges of the Division or a majority thereof, or in the case of the King’s Bench Division”.
		In section 225, the definition of “Probat e Division”.
23 &24 Geo. 5. c. 12.	The Children and Young Persons Act 1933.	Section 55(4).
23 & 24 Geo. 5. c.38.	The Summary Jurisdiction (Appeals) Act 1933.	Section 5(2).
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	Section 11(3).
12, 13 and 14 Geo. 6. c. 87.	The Patents Act 1949.	Section 85(6).
12, 13 and 14 Geo. 6. c. 88.	The Registered Designs Act 1949.	Section 28(6).
15 & 16 Geo. 6. & I Eliz. 2. c. 48.	The Costs in Criminal Cases Act 1952.	Section 10(1) to (3); and in section 10(5) the words “under this section”, wherever occurring.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.	The Magistrates’ Courts Act 1952.	In section 34, the words from “and any sum” onwards.
	In section 74(6)(a), the words “under the Maintenance Orders Ac t 1958”.
		Section 85(3).
6 & 7 Eliz. 2. c. 39.	The Maintenance Orders Act 1958.	Section 4(3).
		Sections 6 to 8.
		Section 9(1), (3) and (6).
		Sections 10 to 15.
	In section 21(1), the definitions of “attachment of earnings order”, “earnings”, “employer”, “excepte d sums” and “maintenance order”; and section 21(5).
		The Schedule.
1959 c. 22.	The County Courts Act 1959.	Section 153(a).
		Section 154.
1964 c. 42.	The Administration of Justice Act 1964.	Section 5(2).
		In Schedule 3, paragraph 25(2).
1965 c. 72.	The Matrimonial Causes Act 1965.	In section 38(1), the words from “and any order” onwards.
1966 c. 20.	The Ministry of Social Security Act 1966.	In section 23(6), the words from “and the Maintenance Orders Act 1958” onwards.
		In section 24(9), the words from “and the Maintenance Orders Act 1958” onwards.
1966 c. 31.	The Criminal Appeal Act 1966.	Section 1(4) and (6)(b).
		Section 2(2).
1967 c. 80.	The Criminal Justice Act 1967.	Section 46.
		Section 79(3) to (7).
		In section 84, the definition of “appropria te authority”.
		Schedule 1.
1968 c. 19.	The Criminal Appeal Act 1968.	In Section 45(2), the words “of the Queen’s Bench Division of”.
		In Schedule 5, the entry relating to section 10(2) of the Costs in Criminal Cases Act 1952.
1968 c. 36.	The maintenance Orders Act 1958.	In the Schedule, the entry relating to section 4 of the Maintenance Orders Act 1958.
1969 c. 46.	The Family Law Reform Act 1969.	In section 4(5)(b), the words from “and be deemed” onwards.
		In section 6(7) the words from “and be deemed” onwards.
1969 c. 54.	The Children and Young Persons Act 1969.	In section 3(6), the word “and” at the end of paragraph (b), and paragraph (c).

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Amendments (Textual)

F78 Sch. 11 entries relating to ss. 6, 9, 10, of the Guardianship of Infants Act 1886 repealed by Guardianship of Minors Act 1971(c. 3), s. 18(2), Sch. 2