Senior Courts Act 1981

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Senior Courts Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to :

Changes and effects

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s. 84(1) words inserted by S.I. 2012/2398 Sch. 1 para. 2(2)
s. 84(9) word inserted by S.I. 2012/2398 Sch. 1 para. 2(3)(a)
s. 84(9) words repealed by S.I. 2012/2398 Sch. 1 para. 2(3)(b)
s. 84(10) inserted by S.I. 2012/2398 Sch. 1 para. 2(4)

Commencement Orders yet to be applied to the Senior Courts Act 1981:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2005/910 art. 3(aa) art. 3(u) art. 3(v) art. 3(y) commences (2003 c. 39)
S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
S.I. 2006/1014 art. 2(a) Sch. 1 para 30(b) art. 2(a) Sch. 1 para. 5 commences (2005 c. 4)
S.I. 2007/1897 art. 2 commences (2005 c. 9)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/3250 art. 2(h) commences (2007 c. 29)
S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
S.I. 2010/708 art. 1-14 commences (2008 c. 14)
S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
S.I. 2011/1741 art. 2 commences (2009 c. 11)
S.I. 2012/84 art. 2 3 commences (2011 c. 21)
S.I. 2012/1320 art. 2-4 commences (2003 c. 44)

84 Power to make rules of court.E+W

(1)Rules of court may be made for the purpose of regulating and prescribing [F1, except in relation to any criminal cause or matter,]F1 the practice and procedure to be followed in the [F2Crown Court F3...].

(2)Without prejudice to the generality of subsection (1), the matters about which rules of court may be made under this section include all matters of practice and procedure in the [F4Senior Courts]F4 which were regulated or prescribed by rules of court immediately before the commencement of this Act.

(3)No provision of this or any other Act, or contained in any instrument made under any Act, which—

(a)authorises or requires the making of rules of court about any particular matter or for any particular purpose; or

(b)provides (in whatever words) that the power to make rules of court under this section is to include power to make rules about any particular matter or for any particular purpose,

shall be taken as derogating from the generality of subsection (1).

[F5(4)Rules made under this section shall have effect subject to any special rules for the time being in force in relation to proceedings in the [F4Senior Courts] of any particular kind.]

[F6(5)Special rules may apply—

(a)any rules made under this section,F7...

(b)Civil Procedure Rules,

to proceedings to which the special rules apply.

[F8(c)Criminal Procedure Rules, or

(d)Family Procedure Rules,]

(5A)Rules made under this section may apply—

(a)any special rules,...

(b)Civil Procedure Rules,

to proceedings to which rules made under this section apply.

[F8(c)Criminal Procedure Rules, or

(d)Family Procedure Rules,]

(6)Where rules may be applied under subsection (5) or (5A), they may be applied—

(a)to any extent,

(b)with or without modification, and

(c)as amended from time to time.]

(7)No rule which may involve an increase of expenditure out of public funds may be made under this section except with the concurrence of the Treasury, but the validity of any rule made under this section shall not be called in question in any proceedings in any court either by the court or by any party to the proceedings on the ground only that it was a rule as to the making of which the concurrence of the Treasury was necessary and that the Treasury did not concur or are not expressed to have concurred.

(8)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In this section “special rules” means rules applying to proceedings of any particular kind in the [F4Senior Courts]F4, being rules made by an authority other than the [F10Civil Procedure Rule Committee][F11, the Family Procedure Rule Committee, the Criminal Procedure Rule Committee,]F11 or the Crown Court Rule Committee under any provision of this or any other Act which (in whatever words) confers on that authority power to make rules in relation to proceedings of that kind in the [F4Senior Courts]F4.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 84(1) inserted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 15(2)(a) (with art. 2(2))

F2Words in s. 84(1) substituted (26.4.1999) by 1997 c. 12, s. 10, Sch. 2 para. 1(4)(a); S.I. 1999/1009, art. 3(b)

F3Words in s. 84(1) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 15(2)(b) (with art. 2(2))

F4Words in s. 84 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(d)

F5S. 84(4) omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(4)(b); S.I. 1999/1009, art. 3(b)

F6S. 84(5)(5A)(6) substituted (27.4.1997) for s. 84(5)(6) by 1997 c. 12, ss. 10, 11(2), Sch. 2 para. 1(4)(c); S.I. 1997/841, arts. 3(b), 4(b)

F7Word in s. 84(5)(5A) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 15(3)(a) (with art. 2(2))

F8S. 84(5)(c)(d)(5A)(c)(d) inserted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 15(3)(b) (with art. 2(2))

F9S. 84(8) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 136, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(p), 29, 30(b)