Senior Courts Act 1981

Part II U.K. JURISDICTION

U.K. The High Court

Other particular fields of jurisdiction U.K.

27 Prize jurisdiction of High Court. U.K.

The High Court shall, in accordance with section 19(2), have as a prize court—

(a) all such jurisdiction as is conferred on it by the Prize Acts 1864 to 1944 (in which references to the High Court of Admiralty are by virtue of paragraph 1 of Schedule 4 to this Act to be construed as references to the High Court); and

(b) all such other jurisdiction on the high seas and elsewhere as it had as a prize court immediately before the commencement of this Act.

[F1 29A Further provision in connection with quashing orders U.K.

(1) A quashing order may include provision—

(a) for the quashing not to take effect until a date specified in the order, or

(b) removing or limiting any retrospective effect of the quashing.

(2) Provision included in a quashing order under subsection (1) may be made subject to conditions.

(3) If a quashing order includes provision under subsection (1)(a), the impugned act is (subject to any conditions under subsection (2)) upheld until the quashing takes effect.

(4) If a quashing order includes provision under subsection (1)(b), the impugned act is (subject to any conditions under subsection (2)) upheld in any respect in which the provision under subsection (1)(b) prevents it from being quashed.

(5) Where (and to the extent that) an impugned act is upheld by virtue of subsection (3) or (4), it is to be treated for all purposes as if its validity and force were, and always had been, unimpaired by the relevant defect.

(6) Provision under subsection (1)(a) does not limit any retrospective effect of a quashing order once the quashing takes effect (including in relation to the period between the making of the order and the taking effect of the quashing); and subsections (3) and (5) are to be read accordingly.

(7) Section 29(2) does not prevent the court from varying a date specified under subsection (1)(a).

(8) In deciding whether to exercise a power in subsection (1), the court must have regard to—

(a) the nature and circumstances of the relevant defect;

(b) any detriment to good administration that would result from exercising or failing to exercise the power;

(c) the interests or expectations of persons who would benefit from the quashing of the impugned act;

(d) the interests or expectations of persons who have relied on the impugned act;

(e) so far as appears to the court to be relevant, any action taken or proposed to be taken, or undertaking given, by a person with responsibility in connection with the impugned act;

(f) any other matter that appears to the court to be relevant.

(9) In this section—

• “impugned act” means the thing (or purported thing) being quashed by the quashing order;

• “relevant defect” means the defect, failure or other matter on the ground of which the court is making the quashing order.]

Textual Amendments

F1 S. 29A inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 1(1), 51(4) (with s. 1(4)); S.I. 2022/816, regs. 1(2), 3(a)

Modifications etc. (not altering text)

C1 S. 29A applied (14.7.2022) by 2007 c. 15, s. 17(A1) (as inserted by Judicial Review and Courts Act 2022 (c. 35), ss. 1(3)(a), 51(4); S.I. 2022/816, regs. 1(2), 3(a))

[F2 31A Transfer of judicial review applications to Upper Tribunal U.K.

(1) This section applies where an application is made to the High Court—

(a) for judicial review, or

(b) for permission to apply for judicial review.

(2) If Conditions 1, 2 [F3 and 3] are met, the High Court must by order transfer the application to the Upper Tribunal.

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

(3) If Conditions 1 [F5 and 2] are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4) Condition 1 is that the application does not seek anything other than—

(a) relief under section 31(1)(a) and (b);

(b) permission to apply for relief under section 31(1)(a) and (b);

(c) an award under section 31(4);

(d) interest;

(e) costs.

(5) Condition 2 is that the application does not call into question anything done by the Crown Court.

(6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2 S. 31A inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 19, 148; S.I. 2008/2696, art. 5(a) (with arts. 3, 4)

F3 Words in s. 31A(2) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(1)(a), 61(3); S.I. 2013/2200, art. 5

F4 S. 31A(2A) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(1)(b), 61(3); S.I. 2013/2200, art. 5

F5 Words in s. 31A(3) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(1)(c), 61(3); S.I. 2013/2200, art. 5

F6 S. 31A(7)(8) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(1)(d), 61(3); S.I. 2013/2200, art. 5; S.I. 2013/2200, art. 5

Powers U.K.

36 Subpoena issued by High Court to run throughout United Kingdom. U.K.

(1) If in any cause or matter in the High Court it appears to the court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the court, it shall be lawful for the court, if in the discretion of the court it seems fit so to do, to order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness to attend the trial wherever he shall be within the United Kingdom; and the service of any such writ in any part of the United Kingdom shall be as valid and effectual for all purposes as if it had been served within the jurisdiction of the High Court.

(2) Every such writ shall have at its foot a statement to the effect that it is issued by the special order of the High Court, and no such writ shall issue without such a special order.

(3) If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court—

(a) if the service was in Scotland, to the Court of Session at Edinburgh; or

(b) if the service was in Northern Ireland, to the High Court of Justice in Northern Ireland at Belfast;

and the court to which the certificate is sent shall thereupon proceed against and punish the person in default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court.

(4) No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray

[F7 (a) the expenses of coming and attending to give evidence and of returning from giving evidence; and

(b) any other reasonable expenses which he has asked to be defrayed in connection with his evidence,

was tendered to him at the time when the writ was served upon him.]

(5) Nothing in this section shall affect—

(a) the power of the High Court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or

(b) the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the court.

(6) In this section references to attendance at a trial include references to attendance before an examiner or commissioner appointed by the High Court in any cause or matter in that court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court.

Textual Amendments

F7 Words in s. 36(4) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 13; S.I.1991/608, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 36 extended by Medical Act 1983 (c. 54, SIF 83:1), s. 43, Sch. 4 para. 2(2)

C3 S. 36 extended by Dentists Act 1984 (c. 24, SIF 83:1), ss. 33, 50(2), Sch. 3 para. 3

C4 S. 36 extended by Administration of Justice Act 1985 (c. 61, SIF 98:1), s. 30, Sch. 4 para. 2(2)

C5 S. 36 applied by Opticians Act 1989 (c. 44, SIF 83:1), s. 21(2)

S. 36 applied (19.6.1997) by 1997 c. 24, ss. 10(8), 24(2), Sch. 2 para. 1(c)

S. 36 applied by Medical Act 1983 (c. 54), Sch. 4 para. 2(2) (as inserted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3155), art. 14 (with transitional provisions in art. 16(2), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.))

C6 S. 36 applied (prosp.) by Health and Social Care Act 2008 (c. 14), ss. 106, 170

C7 S. 36 applied (E.W.S.) (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), arts. 1(5), 62(3); S.I. 2010/1621, art. 2(1), Sch.

C8 S. 36(1)–(4) modified by Mental Health Act 1983 (c. 20, SIF 85), s. 104(4), Sch. 5 para. 43(2)

Part III E+W+S PRACTICE AND PROCEDURE

Part VI U.K. MISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous provisions U.K.

132 Proof of documents bearing seal or stamp of [F8 Senior Courts] or any office thereof. U.K.

Every document purporting to be sealed or stamped with the seal or stamp of the [F8 Senior Courts] or of any office of the [F8 Senior Courts] shall be received in evidence in all parts of the United Kingdom without further proof.

Textual Amendments

F8 Words in s. 132 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

134 Powers of attorney deposited before October 1971. U.K.

(1) This section applies to any instrument creating, or verifying the execution of, a power of attorney which was deposited in the Central Office of the [F9 Senior Courts] before 1st October 1971.

(2) A separate file of such instruments shall continue to be kept and, subject to payment of any [F10 the fee prescribed by an order under section 92 of the Courts Act 2003 (fees)]—

(a) any person may search that file, and may inspect any such instrument; and

(b) an office copy of any such instrument shall be issued to any person on request.

(3) A document purporting to be an office copy of any such instrument shall, in any part of the United Kingdom, without further proof be sufficient evidence of the contents of the instrument and of its having been deposited as mentioned in subsection (1).

Textual Amendments

F9 Words in s. 134 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F10 Words in s. 134(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 262; S.I. 2005/910, art. 3(y)

X1 145 Amendment of Courts-Martial (Appeals) Act 1968. U.K.

(1) The M1 Courts-Martial (Appeals) Act 1968 shall be amended as follows.

(2) In section 2(1)(a) (under which the judges of the Courts-Martial Appeal Court include such judges of the Queen’s Bench Division of the High Court as may be nominated for that purpose by the Lord Chief Justice after consultation with the Master of the Rolls), the words “of the Queen’s Bench Division” and “after consultation with the Master of the Rolls” shall be omitted.

(3) In section 3(a) (under which the powers of the Courts-Martial Appeal Court may be exercised by any judge of the Queen’s Bench Division of the High Court), the words “of the Queen’s Bench Division” shall be omitted.

(4) For section 5 (constitution of Appeal Court for particular sittings) there shall be substituted—

“5 (1) Subject to subsection (4) below, the Appeal Court shall be duly constituted if it consists of an uneven number of judges not less than three.

(2) Where—

(a) part of any proceedings before the Appeal Court has been heard by an uneven number of judges greater than three; and

(b) one or more members of the Court as constituted for the purpose of those proceedings are unable to continue,

then, subject to subsection (4) below, the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three.

(3) Subject to subsection (4) below, the Appeal Court shall, if it consists of two judges, be duly constituted for every purpose except—

(a) determining an appeal against—

(i) conviction; or

(ii) a finding of not guilty by reason of insanity; or

(iii) a finding of unfitness to stand trial;

(b) determining an application for leave to appeal to the House of Lords; and

(c) refusing an application for leave to appeal to the Appeal Court against conviction or any such finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge.

(4) At least one of the judges of which the Appeal Court consists at any sitting must be a judge of the Court by virtue of section 2(1) of this Act, except that where the Court is directed to sit at a place outside the United Kingdom the Lord Chancellor may, if he thinks it expedient to do so, direct that this provision shall not apply to the Court while sitting at that place.

(5) Where an appeal has been heard by the Appeal Court and the Court as constituted for that purpose consists of an even number of judges, then, if those judges are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three.”.

(5) In section 36(2) (rights of appellant on refusal of single judge to exercise certain powers in his favour) for “for the hearing and determination of appeals” there shall be substituted “for the purpose in accordance with section 5 of this Act”.

Editorial Information

X1 The text of ss. 139(1), 145–148 is in the form in which it was originally enacted: it was not reproduced in Statutesin Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1968 c. 20.

Supplementary U.K.

150 Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc. U.K.

(1) Her Majesty may by Order in Council—

(a) direct that any of the provisions of sections 20 to 24 specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands or the Isle of Man; or

(b) make, for any of the Channel Islands or the Isle of Man, provision for any purposes corresponding to the purposes of any of the provisions of those sections.

(2) Her Majesty may by order in Council direct, either generally or in relation to particular courts or territories, that the M2 Colonial Courts of Admiralty Act 1890 shall have effect as if for the reference in section 2(2) of that Act to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of this Act, subject, however to such adaptations and modifications of section 20 as may be specified in the Order.

(3) Her Majesty may by Order in Council direct that any of the provisions of sections 21 to 24 shall extend, with such exceptions, adaptations and modifications as may be specified in the Order, to any colony or to any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

(4) Subsections (1) and (3) shall each have effect as if the provisions there mentioned included section 2(2) of the M3 Hovercraft Act 1968 (application of the law relating to maritime liens in relation to hovercraft and property connected with them).

Marginal Citations

M2 1890 c. 27.

M3 1968 c. 59.

151 Interpretation of this Act, and rules of construction for other Acts and documents. U.K.

(1) In this Act, unless the context otherwise requires—

• “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;

• “appeal”, in the context of appeals to the civil division of the Court of Appeal, includes—

  (a)

  an application for a new trial, and

  (b)

  an application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury;

• [F11 “arbitration agreement” has the same meaning as it has in the [F12 Part I of the Arbitration Act 1996;]]

• “cause” means any action or any criminal proceedings;

• “Division”, where it appears with a capital letter, means a division of the High Court;

• “judgment” includes a decree;

• “jurisdiction” includes powers;

• “matter” means any proceedings in court not in a cause;

• “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

• “prescribed” means—

  (a)

  except in relation to fees, prescribed by rules of court; F13 . . .

  (b)

  F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F14 “qualifying judge advocate” means—

  (a)

  the Judge Advocate General; or

  (b)

  a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);]

• [F15 “senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;]

• “solicitor” means a solicitor of the [F16 Senior Courts];

• “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the M4 Interpretation Act 1978), whenever made;

• “this or any other Act” includes an Act passed after this Act.

(2) Section 128 contains definitions of expressions used in Part V and in the other provisions of this Act relating to probate causes and matters.

(3) Any reference in this Act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other Act which confers on the [F17 Civil Procedure Rule Committee] F18 ... power to make rules of court [F19 in relation to the [F16 Senior Courts]].

(4) Except where the context otherwise requires, in this or any other Act—

• F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “divisional court” (with or without capital letters) means a divisional court constituted under section 66;

• “judge of the [F16 Senior Courts]” means—

  (a)

  a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), or

  (b)

  a judge of the High Court,

  and accordingly does not include, as such, a judge of the Crown Court;

• “official referees’ business” has the meaning given by section 68(6);

• [F22 “Rules of the [F16 Senior Courts]” means rules of court made by the [F16 Senior Courts] Rules Committee.]

(5) The provisions of Schedule 4 (construction of references to superseded courts and officers) shall have effect.

Extent Information

E1 S. 151: for extent of s. 151(1), see s. 135(5); s. 151(2) -(5) extends to E.W. only

Textual Amendments

F11 Definition of "arbitration agreement" inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 41.; S.I. 1991/608, art. 2, Sch.

F12 Words in definition of “arbitration agreement” in s. 151 substituted (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 3 para. 37(3) (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2 para. 1)

F13 S. 151(1): para. (b) and preceding word in definition of "prescribed" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 265, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

F14 Words in s. 151(1) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 5; S.I. 2012/669, art. 4(c)

F15 S. 151(1): definition of "senior judge" substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 146; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(q)

F16 Words in s. 151 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1)(2); S.I. 2009/1604, art. 2(b)(d)

F17 Words in s. 151(3) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(7)(a); S.I. 1999/1009, art. 3(e)

F18 Words in s. 151(3) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 1 para. 6

F19 Words in s. 151(3) inserted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(7)(a); S.I. 1999/1009, art. 3(e)

F20 S. 151(4): definition of "Criminal Appeal Rules" repealed (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 18 (with art. 2(2))

F21 S. 151(4): definition of "Crown Court Rules" repealed (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 18 (with art. 2(2))

F22 Definition of “Rules of the Supreme Court” in s. 151(4) omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(7)(b); S.I. 1999/1009, art. 3(e)

Marginal Citations

M4 1978 c. 30.

152 Amendments of other Acts, transitional provisions, savings and repeals. U.K.

X2 (1) The enactments specified in Schedule 5 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2) F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This Act shall have effect subject to the transitional provisions and savings contained in Schedule 6.

X2 (4) The enactments mentioned in Schedule 7 (which include certain obsolete or unnecessary provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(5) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X2 The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 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

Textual Amendments

F23 S. 152(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

F24 S. 152(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

153 Citation, commencement and extent. U.K.

(1) This Act may be cited as the [F25 Senior Courts] Act 1981.

(2) This Act, except the provisions mentioned in subsection (3), shall come into force on 1st January 1982; and references to the commencement of this Act shall be construed as references to the beginning of that day.

(3) Sections 72, 143 and 152(2) and this section shall come into force on the passing of this Act.

(4) In this Act—

(a) the following provisions extend to Scotland, namely—

• section 80(3);

• section 152(4) and Schedule 7, so far as they relate to the M5 Admiralty Court Act 1861;

(b) the following provisions extend to Northern Ireland so far as they relate to the M6 Northern Ireland Assembly Disqualification Act 1975, namely—

• section 152(1) and Schedule 5;

• section 152(3) and paragraph 3(1) of Schedule 6;

(c) the following provisions extend to Scotland and Northern Ireland, namely—

• section 36;

• sections 132 and 134(3);

• section 152(1) and Schedule 5, so far as they amend—

  (i)

  references to section 49 of the M7 [F25 Senior Courts] of Judicature (Consolidation) Act 1925,

  (ii)

  the M8 House of Commons Disqualification Act 1975, and

  (iii)

  section 4 of the M9 Evidence (Proceedings in Other Jurisdictions) Act 1975;

• section 152(3) and paragraph 3(1) of Schedule 6, so far as they relate to the House of Commons Disqualification Act 1975;

• section 152(4) and Schedule 7, so far as they relate to—

  (i)

  provisions of the M10 [F25 Senior Courts] of Judicature (Consolidation) Act 1925 which extend throughout the United Kingdom,

  (ii)

  the M11 Evidence and Powers of Attorney Act 1940, and

  (iii)

  section 57(3)(a) of the M12 Courts Act 1971;

(d) section 145 extends to any place to which the M13 Courts-Martial (Appeals) Act 1968 extends, and section 152(1) and (4) and Schedules 5 and 7, so far as they relate to any of the following enactments, namely—

• M14 Army Act 1955,

• M15 Air Force Act 1955,

• section 9(2) of, and Part II of Schedule 1 to, the M16 Criminal Appeal Act 1966,

• Courts-Martial (Appeals) Act 1968,

• M17 Hovercraft Act 1968,

• F26 . . .

extend to any place to which that enactment extends;

but, save as aforesaid, the provisions of this Act, other than those mentioned in subsection (5), extend to England and Wales only.

(5) The provisions of this Act whose extent is not restricted by subsection (4) are—

• section 27;

• section 150;

• section 151(1);

• section 152(4) and Schedule 7 as far as they relate to the M18 Naval Prize Act 1864, the M19 Prize Courts Act 1915 and section 56 of the M20 Administration of Justice Act 1956;

• this section;

• paragraph 1 of Schedule 4.

Textual Amendments

F25 Words in s. 153 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F26 Words in s. 153(4)(d) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch.12 (with ss. 312(1), Sch. 14 para. 1)

Marginal Citations

M5 1861 c. 10.

M6 1975 c. 25.

M7 1925 c. 49.

M8 1975 c. 24.

M9 1975 c. 34.

M10 1925 c. 49.

M11 1940 c. 28.

M12 1971 c. 23.

M13 1968 c. 20.

M14 1955 c. 18.

M15 1955 c. 19.

M16 1966 c. 31.

M17 1968 c. 59.

M18 1864 c. 25.

M19 1915 c. 57.

M20 1956 c. 46.

SCHEDULES

SCHEDULE 4 U.K. Construction of References to Superseded Courts and Officers

General U.K.

1 (1) So much of any enactment as refers or relates to any former court or judge whose jurisdiction is vested in the Court of Appeal or the High Court shall be construed and have effect as if any reference to that court or judge were a reference to the Court of Appeal or the High Court, as the case may be. U.K.

(2) All Acts, charters and other instruments which refer to Westminster as the locality of any former court, being a court whose jurisdiction is vested in the Court of Appeal or the High Court, shall be construed as referring instead to the Royal Courts of Justice and other places at which the Court of Appeal or the High Court sits.

Section 152(1).

X3 SCHEDULE 5 U.K. Consequential Amendments

Editorial Information

X3 The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 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

ARMY ACT 1955 (c. 18) U.K.

• [F27 Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule I to the M21 Criminal Appeal Act 1966, that is—

  (a)

  with the substitution of “is under all the circumstances of the case unsafe or unsatisfactory” for the words from “ is unreasonable ” to “ evidence ”;

  (b)

  with the substitution of “there was a material irregularity in the course of the trial” for “ on any ground there was a miscarriage of justice ”; and

  (c)

  with the addition at the end of the following proviso—

  “Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.”.]

Textual Amendments

F27 Entry in Sch. 5 relating to the Army Act 1955 repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch.3; S.I. 1995/3061, art. 3(i)(vi) (with savings in art. 4(b))

Marginal Citations

M21 1966 c. 31.

AIR FORCE ACT 1955 (c. 19) U.K.

• [F28 Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule 1 to the Criminal Appeal Act 1966, that is with the same amendments as are specified in the entry in this Schedule relating to the M22 Army Act 1955.]

Textual Amendments

F28 Entry in Sch. 5 relating to the Air Force Act 1955 repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch.3 S.I. 1995/3061, art.3(i)(vi)

Marginal Citations

M22 1955 c. 18.

PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66) U.K.

• In paragraph 2(2) of Schedule 2, for “forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

NURSES (AMENDMENT) ACT 1961 (c. 14) U.K.

F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 5: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

VETERINARY SURGEONS ACT 1966 (c. 36) U.K.

• In paragraph 4(2) of Schedule 2, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

HEARING AID COUNCIL ACT 1968 (c. 50) U.K.

F30 ... U.K.

• M23

Textual Amendments

F30 Sch. 5 entry repealed (1.4.2010) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2010/708, art. 4(2)(d)

Marginal Citations

M23 1925 c. 49.

HOVERCRAFT ACT 1968 (c. 59) U.K.

1 U.K. In section 1(1)(h)(i) (power to apply to hovercraft etc. enactments about ships etc.), for “Act)” substitute “ Act, or an enactment contained in sections 20 to 24 of the Supreme Court Act 1981) ”.

2 (1) Section 2 (Admiralty jurisdiction etc.) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for “Parts I and V” substitute “ Part V ”; and

(b) for the words from “the reference in section 4(1)” to “the said Schedule 1)” substitute “ the reference in paragraph 4(1) of the said Part I and the second reference in paragraph 8(1) of that Part) ”.

(3) After subsection (3) insert—

“(3A) Subsection (3) of this section shall have effect as if the reference to the enactments mentioned in subsection (1) as extended by that subsection included a reference to sections 20 to 24 of the Supreme Court Act 1981.”.

MISUSE OF DRUGS ACT 1971 (c. 38) U.K.

• In paragraph 5(2) of Schedule 3, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59) U.K.

MERCHANT SHIPPING ACT 1974 (c. 43) U.K.

HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24) U.K.

• In Part III of Schedule 1, in the entry beginning “Officer of the Supreme Court”, for the words from “within” onwards substitute “ being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court ”.

NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25) U.K.

• Part 111 of Schedule 1 shall have effect with the same amendment as is specified in the entry in this Schedule relating to the M24 House of Commons Disqualification Act 1975.

Marginal Citations

M24 1975 c. 24.

EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34) U.K.

1 U.K. In section 4 (extension of powers of High Court etc. in relation to obtaining evidence for proceedings in that court) for the words from the beginning to “shall” substitute “ The M25 Attendance of Witnesses Act 1854 (which enables the Court of Session to order the issue of a warrant of citation in special form, enforceable throughout the United Kingdom, for the attendance of a witness at a trial) shall ”.

Marginal Citations

M25 1854 c. 34.

FARRIERS (REGISTRATION) ACT 1975 (c. 35) U.K.

• In paragraph 4(2) of Schedule 3, for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46) U.K.

• In section 19(2), for “49 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 36 of the Supreme Court Act 1981 ”.

Section 152(3).

SCHEDULE 6 U.K. Transitional Provisions and Savings

Tenure, etc. of certain officers U.K.

F31 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 6 paras. 1, 2(2), 3, 6 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

Section 152(4)

X4 SCHEDULE 7 U.K.

Editorial Information

X4 The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 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

Chapter	Short Title	Extent of Repeal
33 Hen. 8. c. 39.	Crown Debts Act 1541.	The whole Act.
39 & 40 Geo. 3. c. 36.	Transfer of Stock Act 1800.	The whole Act.
10 Geo. 4. c. 13.	Court Funds Act 1829.	The whole Act.
3 & 4 Will. 4. c. 99.	Fines Act 1833.	Sections 26 to 28 and 30 to 32, except as regards process issued before the commencement of this Act.
		Section 33, except as regards matters to which sections 23 to 25 of the Act relate.
7 & 8 Vict. c. 96.	Execution Act 1844.	The whole Act, except section 67 so far as it relates to the process of the High Court.
14 & 15 Vict. c. 99.	Evidence Act 1851.	Section 6.
15 & 16 Vict. c. 76.	Common Law Procedure Act 1852.	Section 126.
20 & 21 Vict. c. 77.	Court of Probate Act 1857.	The whole Act.
21 & 22 Vict. c. 27.	Chancery Amendment Act 1858.	The whole Act, so far as unrepealed.
21 & 22 Vict. c. 95	Court of Probate Act 1858.	The whole Act.
22 & 23 Vict. c. 21.	Queen’s Remembrancer Act 1859.	Section 23.
24 & 25 Vict. c. 10.	Admiralty Court Act 1861.	The whole Act.
27 & 28 Vict. c. 25.	Naval Prize Act 1864.	In section 2, the definition of “the High Court of Admiralty”.
		Sections 10 to 12, 14, 15 and 45.
31 & 32 Vict. c. 72.	Promissory Oaths Act 1868.	In Part II of the Schedule, the entries relating to the Lord Chief Justice and the Master of the Rolls.
31 & 32 Vict. c. 125.	Parliamentary Elections Act 1868.	Section 11.
33 & 34 Vict. c. 28.	Attorneys’ and Solicitors’ Act 1870.	The whole Act.
42 & 43 Vict. c. 75.	Parliamentary Elections and Corrupt Practices Act 1879.	The whole Act, so far as unrepealed.
46 & 47 Vict. c. 51.	Corrupt and Illegal Practices Act 1883.	Section 42.
54 & 55 Vict. c. 53.	Supreme Court of Judicature Act 1891.	In section 5, the words from “and” onwards.
56 & 57 Vict. c. 71.	Sale of Goods Act 1893.	Section 26.
4 & 5 Geo. 5. c. 59.	Bankruptcy Act 1914.	In section 97, subsection (1) and, in subsection (2), the proviso.
5 & 6 Geo. 5. c. 57.	Prize Courts Act 1915.	Section 4.
14 & 15 Geo. 5. c. 17.	County Courts Act 1924.	The whole Act.
15 & 16 Geo. 5. c. 23.	Administration of Estates Act 1925.	In section 55(1), in paragraph (xiii), the words from “or” onwards, and paragraphs (xvi) and (xxii).
15 & 16 Geo. 5. c. 49.	Supreme Court of Judicature (Consolidation) Act 1925.	The whole Act.
18 & 19 Geo. 5. c. 26.	Administration of Justice Act 1928.	The whole Act.
22 & 23 Geo. 5. c. 55.	Administration of Justice Act 1932.	The whole Act.
23 & 24 Geo. 5. c. 36.	Administration of Justice (Miscellaneous Provisions) Act 1933.	Section 6.
25 & 26 Geo. 5. c. 2.	Supreme Court of Judicature (Amendment) Act 1935.	The whole Act.
1 & 2 Geo. 6. c. 28.	Evidence Act 1938.	Section 5.
1 & 2 Geo. 6. c. 63.	Administration of Justice (Miscellaneous Provisions) Act 1938.	The whole Act.
1 & 2 Geo. 6. c. 67.	Supreme Court of Judicature (Amendment) Act 1938.	The whole Act.
3 & 4 Geo. 6. c. 28.	Evidence and Powers of Attorney Act 1940.	Section 4(1)(a).
7 & 8 Geo. 6. c. 9.	Supreme Court of Judicature (Amendment) Act 1944.	The whole Act.
10 & 11 Geo. 6. c. 44.	Crown Proceedings Act 1947.	In section 20(2), the proviso.
		In section 27(1), paragraph (c) of the proviso and the word “or” preceding it.
11 & 12 Geo. 6. c. 38.	Companies Act 1948.	In section 219, in subsection (1), the words from “at any time” to “or may”, and subsection (2).
11 & 12 Geo. 6. c. 58.	Criminal Justice Act 1948.	In section 37(4), the words from “and the powers” onwards.
12, 13, & Geo. 6. c. 100.	Law Reform (Miscellaneous Provisions) Act 1949.	Section 9.
2 & 3 Eliz. 2. c. 38.	Supreme Court Officers (Pensions) Act 1954.	The whole Act.
4 & 5 Eliz. 2. c. 46.	Administration of Justice Act 1956.	Parts I and II.
		Sections 34 and 36.
		Section 38.
		Sections 42 to 44.
		Section 54.
		Section 56.
6 & 7 Eliz. 2. c. 51.	Public Records Act 1958.	Section 8(2).
F32 . . .	F32 . . .	F32 . . .
7 & 8 Eliz. 2. c. 39.	Supreme Court of Judicature (Amendment) Act 1959.	The whole Act.
7 & 8 Eliz. 2. c. 72.	Mental Health Act 1959.	In section 111(2), the words from “and onwards”.
		Section 115(2).
		In Schedule 7, in Part I, the entry relating to the Supreme Court of Judicature (Consolidation) Act 1925.
8 & 9 Eliz. 2. c. 9.	Judicial Pensions Act 1959.	In Schedule 1, in column 1, the words from “Lord Chief Justice, Master of the Rolls” to “Puisne Judge of the High Court of Justice”.
8 & 9 Eliz. 2. c. 65.	Administration of Justice Act 1960.	In section 13(6), the words from “and for” onwards.
9 & 10 Eliz. 2. c. 3.	Administration of Justice (Judges and Pensions) Act 1960.	The whole Act.
9 & 10 Eliz. 2. c. 39.	Criminal Justice Act 1961.	In Schedule 4, the entry relating to the Mental Health Act 1959.
10 & 11 Eliz. 2. c. 27.	Recorded Delivery Service Act 1962.	In the Schedule, paragraph 4.
1964 c. 43.	Criminal Appeal Act 1964.	The whole Act.
1965 c. 2.	Administration of Justice Act 1965.	Section 15(3).
		Section 22.
		Section 24.
		Section 26.
		In Schedule 1, the entry relating to the Court Funds Act 1829.
1966 c. 31.	Criminal Appeal Act 1966.	The whole Act.
1967 c. 28.	Superannuation (Miscellaneous Provisions) Act 1967.	In section 3(4), the words “Lord Chancellor’s Medical Visitor”.
1967 c. 56.	Matrimonial Causes Act 1967.	Section 6.
1968 c. 5.	Administration of Justice Act 1968.	Section 1(1)(b).
1968 c. 19.	Criminal Appeal Act 1968.	In section 11(4)(b), the words “of Court of Appeal”.
		Section 46.
		Section 51(3).
		In Schedule 5, in Part I, the amendments of the Supreme Court of Judicature (Consolidation) Act 1925, of the Mental Health Act 1959 and of the Criminal Appeal Act 1966 and, in the amendment of the Administration of Justice Act 1960, the words “and for the purposes of the said Part I”.
1968 c. 20.	Courts-Martial (Appeals) Act 1968.	In section 2(1)(a), the words “of the Queen’s Bench Division” and the words from “after” to “Rolls”.
		In section 3(a), the words “of the Queen’s Bench Division”.
1968 c. 59.	Hovercraft Act 1968.	Section 2(5).
1968 c. 64.	Civil Evidence Act 1968.	In section 8(6), the words “section 99 of the Supreme Court of Judicature (Consolidation) Act 1925” and “section 101 of the Supreme Court of Judicature (Consolidation) Act 1925”.
1969 c. 46.	Family Law Reform Act 1969.	In Schedule 1, in Part I, the entry relating to the Supreme Court of Judicature (Consolidation) Act 1925.
1969 c. 48.	Post Office Act 1969.	In Schedule 6, the entries relating to section 27 of the Crown Proceedings Act 1947, section 38 of the Administration of Justice Act 1956 and section 143 of the County Courts Act 1959.
1969 c. 58.	Administration of Justice Act 1969.	In section 12(2)(a), the words from “(including” to “1925)”.
		In section 20(1), the words from the beginning to “1925, and” and the word “each”.
		Section 21(1) to (3) and (5).
		Section 23.
		Sections 25, 26 and 27(1).
		In section 34(3), the words from the beginning to “1947, and” in their application to section 20 as regards rules of court under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925.
1970 c. 17.	Proceedings Against Estates Act 1970.	Section 2.
1970 c. 31.	Administration of Justice Act 1970.	In section 1—
		(a) subsections (1) to (5), (7) and (8), and
		(b) in subsection (6)(a), the words from “that is” to “other”.
		Section 2(1) to (4).
		Section 3.
		Sections 5 and 6.
		Section 9.
		Sections 31 to 33 so far as they relate to the High Court and county courts in England and Wales.
		Section 34(1).
		Section 35 so far as it relates to the High Court and county courts in England and Wales.
		Section 37(3).
		Section 45(3).
		Schedule 1.
		In Schedule 2, paragraphs 6 to 15, 18, 20 and 22, and in paragraph 23, the words “and section 63 thereof (transfer of probate proceedings from High Court to county court),” and “, in each place where they occur,”.
1971 c. 3.	Guardianship of Minors Act 1971.	In Schedule 1, in the entry relating to the Administration of Justice Act 1970, the amendments of Schedule 1 to that Act.
1971 c. 23.	Courts Act 1971.	Parts I and II.
		Section 23.
		Sections 25 and 26.
		Section 50.
		In section 57, in subsection (1), the definition of “the Judicature Act 1925”, and subsection (3)(a).
		Schedule 1.
		In Schedule 8, paragraphs 18, 35(1), 40(3), 44, 46, and 57(2).
1971 c. 25.	Administration of Estates Act 1971.	Section 8.
		In section 11(3), the words “and orders”.
		In section 12, subsection (4)(a) and, in subsection (5), the words from “under section” to “or”.
1971 c. 27.	Powers of Attorney Act 1971.	Section 2.
		In section 11(3), the words from “and” onwards.
1972 c. 11.	Superannuation Act 1972.	In Schedule 6, paragraphs 6, 8 and 34.
1972 c. 30.	Civil Evidence Act 1972.	In section 2(8), the words “section 99 of the Supreme Court of Judicature (Consolidation) ACt 1925” and “section 101 of the said Act of 1925”.
1973 c. 14.	Costs in Criminal Cases Act 1973.	In Schedule 1, paragraph 7.
1973 c. 15.	Administration of Justice Act 1973.	Section 9(1)(b).
		In section 12, in subsection (1), the words “as judge of the Supreme Court in England and Wales”, and subsection (3).
		Section 15.
		In section 16—
		(a) subsection (1),
		(b) in subsections (3) to (6), the words “deputy district registrar or”, wherever occurring, and
		(c)subsection (7).
		Section 19(2).
		In Schedule 2, paragraphs (a) and (b) of Part II.
1973 c. 18.	Matrimonial Causes Act 1973.	In Schedule 2, paragraphs 1, 6(3) and 10(1).
1973 c. 29.	Guardianship Act 1973.	Section 9(2)(c).
1974 c. 37.	Health and Safety at Work etc. Act 1974.	In section 69(6), the words from the beginning to “but”.
1974 c. 47.	Solicitors Act 1974.	In section 50(1), the words from “but” onwards.
		In Schedule 3, paragraph 2.
1975 c. 7.	Finance Act 1975.	In Schedule 4, in paragraph 38, sub-paragraph (1) and, so far as it relates to section 156A of the Supreme Court of Judicature (Consolidation) Act 1925, sub-paragraph (4).
1975 c. 14.	Social Security Act 1975.	Section 94(6).
1975 c. 72.	Children Act 1975.	In Schedule 3, paragraph 73(1).
1976 c. 36.	Adoption Act 1976.	In Schedule 3, paragraph 14.
1976 c. 63.	Bail Act 1976.	In Schedule 2, paragraphs 32 and 48.
1977 c. 37.	Patents Act 1977.	Section 96.
		In section 97(2), the words from “and” onwards.
		In Schedule 2, in paragraph 1(2), the reference to section 96.
1977 c. 38.	Administration of Justice Act 1977.	Sections 9 and 10.
		In section 22, the words from “section 99” to “1925 and”.
		Section 27.
1978 c. 22.	Domestic Proceedings and Magistrates’ Courts Act 1978.	In Schedule 2, paragraph 25.
1979 c. 53.	Charging Orders Act 1979.	Section 7(2), so far as it repeals section 35 or amends section 36 of the Administration of Justice Act 1956.
1980 c. 51.	Housing Act 1980.	In Schedule 25, paragraph 10.
1980 c. 58.	Limitation Act 1980.	Section 35(9).
1981 c. 20.	Judicial Pensions Act 1981.	In Schedule 1, paragraph 4(2).
		In Schedule 3, paragraph 1.
1981 c. 49.	Contempt of Court Act 1981.	In section 16(2), paragraph (c) and the word “and” preceding it.

Textual Amendments

F32 Entry repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4