Administration of Justice Act 1982

1. Introductory Text

2. Part I Damages for Personal Injuries Etc.

   1. Abolition of certain claims for damages etc.

      1. 1. Abolition of right to damages for loss of expectation of life.

      2. 2. Abolition of actions for loss of services etc.

   2. Fatal Accidents Act 1976

      1. 3. Amendments of Fatal Accidents Act 1976.

   3. Claims not surviving death

      1. 4. Exclusion of Law Reform (Miscellaneous Provisions) Act 1934.

   4. Maintenance at public expense

      1. 5. Maintenance at public expense to be taken into account in assessment of damages.

   5. Provisional damages for personal injuries

      1. 6. Award of provisional damages for personal injuries.

3. Part II Damages for Personal Injuries Etc.—Scotland

   1. 7. Damages in respect of services.

   2. 8. Services rendered to injured person.

   3. 9. Services to injured person’s relative.

   4. 10. Assessment of damages for personal injuries.

   5. 11. Maintenance at public expense to be taken into account in assessment of damages: Scotland.

   6. 12. Award of provisional damages for personal injuries: Scotland.

   7. 13. Supplementary.

   8. 14. Amendment and repeal of enactments.

4. Part III Powers of Courts to Award Interest

   1. 15. Interest on debts and damages.

   2. 16. Interest on lump sums in matrimonial proceedings.

5. Part IV Wills

   1. Amendments of Wills Act 1837

      1. 17. Relaxation of formal requirements for making wills.

      2. 18. Effect of marriage or its termination on wills.

      3. 19. Gifts to children etc. who predecease testator.

   2. Rectification and interpretation of wills

      1. 20. Rectification.

      2. 21. Interpretation of wills—general rules as to evidence.

      3. 22. Presumption as to effect of gifts to spouses.

   3. Registration of wills

      1. 23. Deposit and registration of wills of living persons.

      2. 24. Designation of Principal Registry as national body under Registration Convention.

      3. 25. Regulations as to deposit and registration of wills etc.

      4. 26. Fees as to registration in Scotland.

   4. International wills

      1. 27. The form of an international will.

      2. 28. International wills—procedure.

6. Part V County Courts

   1. 29—33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   2. 34. Transfers from High Court to county court.

   3. 35. Transfers from county court to High Court.

   4. 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   5. 37. Limits of county court jurisdiction.

7. Part VI Funds in Court

   1. 38. Management and investment of funds in court.

   2. 39. Investment of money transferred to National Debt Commissioners.

   3. 40. Statutory deposits.

   4. 41. Transfer of funds in court to Official Custodian for Charities and appropriate authority.

   5. 42. Common investment schemes.

   6. 43. Provision for making good defaults.

   7. 44. Power to repeal and modify ss. 42 and 43.

   8. 45. Accounts.

   9. 46. Supplemental.

   10. 47. Interpretation.

   11. 48. Application of Part VI to Scotland.

   12. 48A. Application of Part VI to Northern Ireland

8. Part VII Miscellaneous

   1. Family Law

      1. 49. Presentation of petitions for matrimonial relief on behalf of patients under Mental Health Act 1959.

      2. 50. Orders for the maintenance of wards of court.

      3. 51. Remission of arrears of maintenance.

      4. 52. Filing of orders.

   2. Amendments of Attachment of Earnings Act 1971

      1. 53. Power to order debtor to appear before court where attachment of earnings order is in force.

      2. 54. Deductions by employer under attachment of earnings order.

   3. 55. Attachment of debts

   4. Penalties under Solicitors Act 1974

      1. 56. Increase in penalty etc.

   5. Judicial Trustees

      1. 57. Accounts of judicial trustees.

   6. Recorders

      1. 58. Assistance by Recorders for transaction of business of High Court.

   7. Official referee’s business

      1. 59. Official referee’s business.

      2. 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   8. Jurors

      1. 61. Questions to persons summoned for jury service.

   9. Inquests

      1. 62. Juries where death in police custody etc. suspected.

   10. Explosive substances—consents to prosecutions

       1. 63. Consents to prosecutions under the Explosive Substances Act 1883.

   11. Constitution of the Law Commission

       1. 64. Temporary vacancies in Law Commission.

   12. Justices of the Peace

       1. 65. Appointment of justices of the peace.

   13. Land Registration

       1. 66. Computerisation of the title register.

       2. 67. Jurisdiction.

9. Part VIII Provisions relating to Northern Ireland

   1. 68. Damages for personal injuries etc.

   2. 69. Interest on debts and damages.

   3. 70. Amendents of Judicature (Northern Ireland) Act 1978.

   4. 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   5. 72. Travelling, subsistence and financial loss allowances for Justices of the Peace.

10. Part IX General and Supplementary

    1. 73. Transitional provisions and savings.

    2. 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 75. Repeals and revocations.

    4. 76. Commencement.

    5. 77. Extent.

    6. 78. Citation.

11. SCHEDULES

    1. SCHEDULE 1

       Interest on debts and damages

       1. Part I Section Inserted in Senior Courts Act 1981

          1. 35A. Power of High Court to award interest on debts and damages.

       2. Part II . . .

       3. Part III Consequential amendment of Crown Proceedings Act 1947

          1. In section 24(3) of the Crown Proceedings Act 1947 for...

       4. Part IV

          1. 19A. Power of arbitrator to award interest.

    2. SCHEDULE 2

       The Annex to the Convention on International Wills

       1. UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL

       2. Article 1

          1. 1. A will shall be valid as regards form, irrespective...

          2. 2. The invalidity of the will as an international will...

       3. Article 2

          1. This law shall not apply to the form of testamentary...

       4. Article 3

          1. 1. The will shall be made in writing.

          2. 2. It need not be written by the testator himself....

          3. 3. It may be written in any language, by hand...

       5. Article 4

          1. 1. The testator shall declare in the presence of two...

          2. 2. The testator need not inform the witnesses, or the...

       6. Article 5

          1. 1. In the presence of the witnesses and of the...

          2. 2. When the testator is unable to sign, he shall...

          3. 3. The witnesses and the authorized person shall there and...

       7. Article 6

          1. 1. The signatures shall be placed at the end of...

          2. 2. If the will consists of several sheets, each sheet...

       8. Article 7

          1. 1. The date of the will shall be the date...

          2. 2. This date shall be noted at the end of...

       9. Article 8

          1. In the absence of any mandatory rule pertaining to the...

       10. Article 9

           1. The authorized person shall attach to the will a certificate...

       11. Article 10

           1. The certificate drawn up by the authorized person shall be...

           2. CERTIFICATE

           3. 1. I, ............ (name, address and capacity), a person authorized...

           4. 2. Certify that on ............ (date) at ............ (place)

           5. 3. (testator) ............ (name, address, date and place of birth)in...

           6. 4.(a) ............ (name, address, date and place of birth)

           7. (b) ............ (name, address, date and place of birth) has...

           8. 5. I furthermore certify that:

           9. 6.(a) in my presence and in that of the witnesses]...

           10. (1) the testator has signed the will or has acknowledged...

           11. *(2) following a declaration of the testator stating that he...

           12. —I have mentioned this declaration on the will

           13. *—the signature has been affixed by ............ (name, address)

           14. 7.(b) the witnesses and I have signed the will;

           15. 8. *(c) each page of the will has been signed...

           16. 9.(d) I have satisfied myself as to the identity of...

           17. 10.(e) the witnesses met the conditions requisite to act as...

           18. 11. *(f) the testator has requested me to include the...

           19. 12.Place

           20. 13.Date

           21. 14.Signature and, if necessary, Seal

           22.   *To be completed if appropriate.

       12. Article 11

           1. The authorized person shall keep a copy of the certificate...

       13. Article 12

           1. In the absence of evidence to the contrary, the certificate...

       14. Article 13

           1. The absence or irregularity of a certificate shall not affect...

       15. Article 14

           1. The international will shall be subject to the ordinary rules...

       16. Article 15

           1. In interpreting and applying the provisions of this law, regard...

    3. SCHEDULE 3

       Monetary Limits of County Court Jurisdiction

       1. Part I The County Court Limit

          1. 1. . . . . . . . . . ....

       2. Part II Amendents of enactments specifying monetary limits

          1. 2. The words “ the county court limit ” shall be...

          2. 3. The enactments mentioned in paragraph 2 above are—

          3. 4. The following subsection shall be inserted— (a) after section 113(3)...

          4. 5. . . . . . . . . . ....

          5. 6. In section 1(2) of the Charging Orders Act 1979, after...

       3. Part III Power to raise County Court limit

          1. 7. The following section shall be substituted for section 192 of...

       4. Part IV Highways

          1. 8. (1) Sums recoverable under section 59 of the Highways Act...

    4. SCHEDULE 4

       Attachment of debts

       1. Part I Section inserted in Senior Courts Act 1981

          1. 40A. Administrative and clerical expenses of garnishees.

       2. Part II . . .

    5. SCHEDULE 5

       1. In the Land Registration Act 1925— the following paragraph shall...

    6. SCHEDULE 6

       Damages for Personal Injuries etc.Northern Ireland

       1. Abolition of actions for enticement, seduction and harbouring of child

          1. 1. No person shall be liable in tort under the law...

       2. Fatal accidents

          1. 2. The following paragraph shall be substituted for paragraph (2) of...

          2. 3. In paragraph (2) of Article 3 of that Order for...

          3. 4. The following shall be inserted after that Article— Bereavement (1) An action under this Order may consist of or...

          4. 5. In Article 4 of that Order— (a) in paragraph (2),...

          5. 6. (1) The following paragraphs shall be substituted for paragraph (1)...

          6. 7. The following shall be substituted for Article 6— Assessment of...

          7. 8. In Article 7, the words “brought for the benefit of...

       3. Exclusion of section 14 of Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937

          1. 9. (1) The following subsection shall be inserted after section 14(1)...

       4. Orders for provisional damages for personal injury

          1. 10. (1) This paragraph applies to an action under the law...

    7. SCHEDULE 7

       Interest on Debts and Damages—Northern Ireland

       1. Part I Section inserted in Judicature (Northern Ireland) Act 1978

          1. 33A. Power of High Court to award interest on debts and damages.

       2. Part II Article inserted in County Courts Northern Ireland) Order 1980

          1. Interest on debts and damages

             1. 45A. (1) Subject to county court rules, in proceedings (whenever instituted)...

       3. Part III Amendments Consequential on Section 69

          1. Crown Proceedings Act 1947 (c. 44)

             1. 1. In section 24(3) of the Crown Proceedings Act 1947 as...

          2. Judicature (Northern Ireland) Act 1978 (c. 23)

             1. 2. In section 31(9)(c) of the Judicature (Northern Ireland) Act 1978...

          3. County Courts (Northern Ireland) Order 1980

             1. 3. In Article 2(4) of the County Courts (Northern Ireland) Order...

    8. SCHEDULE 8

       Amendments of Judicature (Northern Ireland) Act 1978

       1. 1. The following subsection shall be added at the end of...

       2. 2. In section 13 (which among other things provides for the...

       3. 3. In section 27(1)(b) (which empowers the High Court in Northern...

       4. 4. In subsection (3) of section 53 (which applies to certain...

       5. 5. The following subsection shall be inserted after subsection (2) of...

       6. 6. In section 78(1)(a) (accounts of funds in court) for the...

       7. 7. In section 81(a)(ii) (which provides for the investment of funds...

       8. 8. In section 82(1) (rules regulating funds in court)—

       9. 9. In section 85 (which provides for any default of a...

       10. 10. In section 91 (orders for sale, grant of injunctions and...

       11. 11. The following section shall be inserted after section 94— Withdrawal...

       12. 12. The following section shall be inserted after section 117— Allowances...

    9. SCHEDULE 9

       1. Part I Repeals

       2. Part II Repeals