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Administration of Justice Act 1985

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Commencement Orders bringing legislation that affects this Act into force:

MiscellaneousE+W+S+N.I.

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

F1S. 57 repealed (the repeal in force 4.9.1996 and 1.4.1999 respectively for specified purposes only and otherwise 28.2.2000) by 1996 c. 31, ss. 19(2), 16, Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2(b); S.I. 2000/222, art. 3(b)

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

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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)

F2S. 58 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch.4; S.I. 1996/3146, art.3(with art. 4, Sch. 2)

59 Pensions Appeal Tribunals: provision for appeals by non-residents to be heard in Scotland or Northern Ireland.E+W+S+N.I.

(1)The Schedule to the M1Pensions Appeal Tribunals Act 1943 shall be amended as follows.

(2)In paragraph 6 (which provides for appeals by persons not resident in Scotland or Northern Ireland to be heard by one of the Tribunals appointed for England and Wales), after “and” there shall be inserted “, subject to any provision made by virtue of paragraph 6A of this Schedule,”.

(3)After paragraph 6 there shall be inserted—

6ARules made under this Schedule may make provision for enabling an appeal brought by a person who, at the time when the notice of appeal was given, did not reside in any part of the United Kingdom to be heard by one of the Tribunals appointed for Scotland or, as the case may be, for Northern Ireland where, on an application in that behalf by the appellant made in such manner as may be prescribed by the rules to such authority as may be so prescribed, that authority is satisfied—

(a)that the appellant has a closer connection with Scotland or, as the case may be, with Northern Ireland than with England and Wales; or

(b)that there is some other good reason for the appeal to be heard in Scotland or, as the case may be, Northern Ireland..

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Marginal Citations

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S+N.I.

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Amendments (Textual)

61 Constitution of [F4youth courts] in London.E+W

In Schedule 2 to the M2Children and Young Persons Act 1963 (which by virtue of section 17(1) of that Act has effect as Schedule 2 to the M3Children and Young Persons Act 1933), in Part II (constitution of [F4youth courts] in Inner London and the City), after paragraph 15 there shall be inserted—

15A(1)Where, in the case of any sitting of a [F4youth court], a person nominated under paragraph 15(b) of this Schedule—

(a)is available to act as chairman; but

(b)considers that it would be appropriate for another member of the court to act as chairman,

he may nominate that member to act as chairman at that sitting.

(2)A member of a [F4youth court] nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court..

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Amendments (Textual)

Marginal Citations

62 Amendments of Judicature (Northern Ireland) Act 1978.N.I.

(1)In section 70(2)(a) of the M4Judicature (Northern Ireland) Act 1978 the words “and is in practice as such” (which disqualify non-practising barristers and solicitors for appointment as statutory officers under section 70(2) of that Act) shall be omitted.

(2)In section 103(3) of that Act (appointment and removal from office of justices of the peace) for the words from “on behalf” to “Chancellor” there shall be substituted the words “by the Lord Chancellor by instrument on behalf and in the name of Her Majesty”.

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Marginal Citations

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5N.I.

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Amendments (Textual)

64 Northern Ireland rules of court with respect to disclosure of expert evidence etc.N.I.

(1)Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings, or in connection with the obtaining or giving of legal advice, are in certain circumstances privileged from disclosure, provision may be made by rules of court for requiring, in the case of civil proceedings of any description specified in the rules—

(a)a party who has been afforded a medical examination of another party to disclose to that other party the result of the examination;

(b)a party who proposes to adduce at the trial expert evidence with respect to medical matters, or matters of any other class specified in the rules, to disclose that evidence to every other party to the proceedings;

and any such disclosure shall be made by the furnishing of any such document or documents as may be specified in the rules, and shall be so made by such time as may be determined by or in accordance with the rules.

(2)Provision may be made by rules of court as to the conditions subject to which expert evidence may be given in civil proceedings.

(3)Without prejudice to the generality of subsection (2), rules of court made in pursuance of that subsection may make provision for prohibiting a party from adducing, except with the leave of the court, any expert evidence the contents of which were required to be, but have not been, disclosed by him in accordance with rules under subsection (1)(b).

(4)Any rules of court made in pursuance of this section may make different provision for different classes of cases and for other different circumstances.

(5)In this section “rules of court” means—

(a)rules of court made under section 55 of the M5Judicature (Northern Ireland) Act 1978; or

(b)county court rules made under Article 47 of the M6County Courts (Northern Ireland) Order 1980;

and nothing in this section shall prejudice the generality of either of those provisions.

(6)Section 71 of the M7Administration of Justice Act 1982 (which is superseded by this section) shall cease to have effect.

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Marginal Citations

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

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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)

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