- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Administration of Justice Act 1982. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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:
(1)The following, namely—
(a)the Principal Registry of the Family Division of the High Court of Justice;
(b)the Keeper of the Registers of Scotland; and
shall be registering authorities for the purposes of this section.
(2)Each registering authority shall provide and maintain safe and convenient depositories for the custody of the wills of living persons.
(3)Any person may deposit his will in such a depository in accordance with regulations under section 25 below and on payment of the prescribed fee.
(4)It shall be the duty of a registering authority to register in accordance with regulations under section 25 below—
(a)any will deposited in a depository maintained by the authority; and
(b)any other will whose registration is requested under Article 6 of the Registration Convention.
(5)A will deposited in a depository provided—
(b)under Article 27 of the M3Administration of Estates (Northern Ireland) Order 1979,
shall be treated for the purposes of this section as if it had been deposited under this section.
(6)In this section “prescribed” means—
(b)in its application to Scotland, prescribed by an order under section 26 below; and
(c)in its application to Northern Ireland, prescribed by an order under section 116 of the M4Judicature (Northern Ireland) Act 1978.
(1)The Principal Registry of the Family Division of the High Court of Justice shall be the national body for the purposes of the Registration Convention, and shall accordingly have the functions assigned to the national body by the Registration Convention including, without prejudice to the general application of the Convention to the Principal Registry by virtue of this section, the functions—
(a)of arranging for the registration of wills in other Contracting States as provided for in Article 6 of the Convention;
(b)of receiving and answering requests for information arising from the national bodies of other Contracting States.
(2)In this Part of this Act “the Registration Convention” means the Convention on the Establishment of a Scheme of Registration of Wills concluded at Basle on 16th May 1972.
(1)Regulations may make provision—
(a)as to the conditions for the deposit of a will;
(b)as to the manner of and procedure for—
(i)the deposit and registration of a will; and
(ii)the withdrawal of a will which has been deposited; and
(iii)the cancellation of the registration of a will; and
(c)as to the manner in which the Principal Registry of the Family Division is to perform its functions as the national body under the Registration Convention.
(2)Regulations under this section may contain such incidental or supplementary provisions as the authority making the regulations considers appropriate.
(3)Any such regulations are to be made—
(a)for England and Wales, by the President of the Family Division of the High Court of Justice, with the concurrence of the Lord Chancellor;
(b)for Scotland, by the Secretary of State after consultation with the Lord President of the Court of Session; and
(5)Subject to subsection (6) below, regulations under this section shall be made by statutory instrument and shall be laid before Parliament after being made.
(6)Regulations for Northern Ireland shall be statutory rules for the purposes of the M5Statutory Rules (Northern Ireland) Order 1979; and any such statutory rule shall be laid before [F6the Northern Ireland Assembly after being made]F6.
[F7(6A)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.]
F7(7)The M6Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made in accordance with subsection (3)(a) F8... above as if the regulations had been made by a Minister of the Crown.
(8)Any regulations made under section 172 of the M7Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the M8[F9Senior Courts Act 1981]F9 shall have effect for the purposes of this Part of this Act as they have effect for the purposes of the enactment under which they were made.
Modifications etc. (not altering text)
The Secretary of State may, with the consent of the Treasury, from time to time by order made by statutory instrument fix fees payable in respect of—
(a)the deposit, registration or withdrawal of wills under this Act;
(b)the obtaining of information from the register; and
(c)any other thing which the Keeper of the Registers of Scotland is required or authorised to do under this Act or any regulations made thereunder in connection with the depositing or registration of wills.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: