Courts Act 1971

PART I The Palatine Courts

Interpretation

1 In this Part of this Schedule—

• " the Palatine Court " means the Lancaster Palatine Court or the Durham Palatine Court, as the case may require ; and

• " the relevant date in relation to the Palatine Court ", means the date on which it ceases to exercise any jurisdiction by virtue of section 41(1) of this Act.

Pending Proceedings

2 (1) Subject to any provision made (whether before or after the relevant date) by Rules of the Supreme Court.—

(a) any proceedings which had been begun in the Palatine Court before the relevant date may be continued on and after that date in the High Court as if they had been begun in the High Court; and

(b) anything done in accordance with the rules applicable to proceedings in the Palatine Court shall be treated as having been done in accordance with the rules applicable to corresponding proceedings in the High Court.

(2) Any act, judgment or order of the Palatine Court in any proceedings shall have the like effect, and further proceedings may be taken in respect of it, as if it were an act, judgment or order of the High Court.

Fees

3 (1) All fees and other payments which, having become due ill the Lancaster Palatine Court in accordance with any order made under the Chancery of Lancaster Acts 1850 to 1961, had not been paid before the relevant date, shall on and after that date become due to the Duchy of Lancaster, and all money which immediately before that date stood to the credit of, or was awaiting payment into any of the Fee Fund Accounts of the Lancaster Palatine Court shall on that date vest in the Duchy.

(2) Any money due to the Duchy of Lancaster by virtue of sub-paragraph (1) above shall be recoverable as if it were due to the Duchy under an order of the High Court; and all sums received by the Duchy by virtue of that sub-paragraph shall form part of the revenue of the Duchy.

(3) All fees and similar payments which, having become due in the Durham Palatine Court, had not been paid before the relevant date shall on and after that date become due to the registrar of the Durham district registry of the High Court as fees in the High Court, and all money received as fees or similar payments in the Durham Palatine Court and held immediately before the relevant date by the registrar of the Durham district registry of the High Court in his capacity as Registrar of the Durham Palatine Court shall be dealt with by him, on and after that date, as High Court fees received by him in his capacity as a district registrar.

Funds in court

4 (1) On the relevant date all investments and money which, immediately before that date, constituted the funds in court in the Palatine Court shall, by virtue of this Act and without any transfer or assignment, be vested in the Accountant General of the Supreme Court as funds in the Supreme Court.

(2) In dealing with any investments and money vested in him by virtue of sub-paragraph (1) above, the Accountant General of the Supreme Court shall comply with any directions which the Lord Chancellor may consider it expedient to give to him with a view to securing the transition of the administration of the funds in court in the Palatine Court to the Supreme Court.

(3) The transfer of any funds under sub-paragraph (1) above shall not affect the right of any person in or to any of those funds, and any such right may be enforced on and after the appointed day as if it had always been a right in respect of funds in the Supreme Court.

(4) On the relevant date there shall be vested in the Accountant General of the Supreme Court any outstanding liabilities of the Lancaster Palatine Court in respect of sums which at one time formed part of the funds in court in the Lancaster Palantine Court but which ceased to do so at some time prior to that date ; and any amounts required to meet any such liabilities shall be paid out of the Consolidated Fund to the Accountant General.

(5) On the relevant date section 52 of the [1956 c. 46.] Administration of Justice Act 1956 (provision for transfer to charities and ecclesiastical corporations of certain funds in the Lancaster Palatine Court) shall cease to have effect and any funds which, immediately before that date, might have been dealt with under that section may, on and after that date, be dealt with under section 15 of the [1928 c. 26.] Administration of Justice Act 1928 (corresponding provision for transfer of funds in the Supreme Court).

Court Records

5 All records of the Palatine Court shall on and after the relevant date be deemed to be records of the Supreme Court and shall be dealt with accordingly under the [1958 c. 51.] Public Records Act 1958.