Section 59
1(1)The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981.U.K.
(2)[F1For the words “Supreme Court Act 1981” wherever they occur in any enactment substitute “Senior Courts Act 1981”.]
Textual Amendments
F1Sch. 11 para. 1(2) repealed (prosp.) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193) (which amendment fell (12.11.2009) by virtue of the repeal of the amending provision by 2009 c. 25, ss. 177, 178, 182(1)(h)(j)(v), Sch. 21 para. 97, Sch. 23 Pt. 9 (with s. 180, Sch. 22))
2(1)The Supreme Court (Offices) Act 1997 (c. 69) may be cited as the Senior Courts (Offices) Act 1997.U.K.
(2)For the words “Supreme Court (Offices) Act 1997” wherever they occur in any enactment substitute “ Senior Courts (Offices) Act 1997 ”.
3(1)The Rules of the Supreme Court (Northern Ireland) (Revision) 1980 (S.R. 1980/346) may be cited as the Rules of the Court of Judicature (Northern Ireland) (Revision) 1980.U.K.
(2)For the words “Rules of the Supreme Court (Northern Ireland) (Revision) 1980” wherever they occur in any enactment substitute “ Rules of the Court of Judicature (Northern Ireland) (Revision) 1980 ”.
(3)The Rules of the Supreme Court (Northern Ireland) 1980 may be cited as the Rules of the Court of Judicature (Northern Ireland) 1980.
(4)For the words “Rules of the Supreme Court (Northern Ireland) 1980”wherever they occur in any enactment substitute “ Rules of the Court of Judicature (Northern Ireland) 1980 ”.
4(1)In each of the enactments listed in sub-paragraph (3) for “Supreme Court” or “Supreme Court of Judicature” in each place substitute “ Senior Courts ”.
(2)This paragraph does not apply to those words—
(a)in the short title or title of any enactment or group of enactments,
(b)where they are amended by paragraph 3 or 5 of this Schedule, or
(c)(unless otherwise provided) as inserted by any other provision of this Act.
(3)The enactments amended are—
the Bills of Sale Act 1878 (c. 31), sections 10, 13 and 17
the Sheriffs Act 1887 (c. 55)
the Public Trustee Act 1906 (c. 55)
the Deeds of Arrangement Act 1914 (c. 47)
the Law of Property Act 1922 (c. 16)
the Settled Land Act 1925 (c. 18)
the Trustee Act 1925 (c. 19)
the Law of Property Act 1925 (c. 20)
the Universities and College Estates Act 1925 (c. 24)
the Registered Designs Act 1949 (c. 88)
the Justices of the Peace Act 1949 (c. 101)
the Mines and Quarries Act 1954 (c. 70)
[F2the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 75L
the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), section 75L
the Naval Discipline Act 1957 (c. 53), section 47M]
the Public Records Act 1958 (c. 51)
the Administration of Justice Act 1965 (c. 2), including any amendment to—
(i) the Defence Act 1842 (c. 94)
(ii) the Lands Clauses Consolidation Act 1845 (c. 18)
(iii) the Consolidated Fund (Permanent Charges Redemption) Act 1873 (c. 57)
(iv) the Life Insurance Companies (Payment into Court) Act 1896 (c. 8)
the Gas Act 1965 (c. 36)
the Compulsory Purchase Act 1965 (c. 56)
the Mines (Working Facilities and Support) Act 1966 (c. 4)
the Courts Act 1971 (c. 23)
the Local Government Act 1972 (c. 70)
the House of Commons Disqualification Act 1975 (c. 24)
the Northern Ireland Assembly Disqualification Act 1975 (c. 25)
the Bail Act 1976 (c. 63) (subject to any repeal contained in the Courts Act 2003 (c. 39))
the Magistrates' Courts Act 1980 (c. 43), section 144(3)(b) and (c)
the Mental Health Act 1983 (c. 20)
the County Courts Act 1984 (c. 28)
the Matrimonial and Family Proceedings Act 1984 (c. 42)
the Companies Act 1985 (c. 6)
the Public Trustee and Administration of Funds Act 1986 (c. 57)
the Criminal Justice Act 1987 (c. 38), section 1(7)(b)
the Legal Aid Act 1988 (c. 34)
the Copyright, Designs and Patents Act 1988 (c. 48)
the Road Traffic Act 1988 (c. 52)
the Road Traffic Offenders Act 1988 (c. 53)
the Courts and Legal Services Act 1990 (c. 41)
the Judicial Pensions and Retirement Act 1993 (c. 8), section 26 and Schedules 1, 5 and 7
the Civil Procedure Act 1997 (c. 12), except paragraph 1 of Schedule 1
the Government of Wales Act 1998 (c. 38)
the Human Rights Act 1998 (c. 42), section 18(4)(a)
the Greater London Authority Act 1999 (c. 29)
the Courts Act 2003 (c. 39), except sections 102(1)(a) and 103(8)
Textual Amendments
F2Sch. 11 para. 4(3): entries repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with S.I. 2009/1059)
5U.K.For the words in the first column wherever they occur in any enactment substitute the words in the second column—
| Old reference | New reference |
|---|---|
| “solicitor of the Supreme Court of Northern Ireland” | “ solicitor of the Court of Judicature of Northern Ireland ” |
| “solicitors of the Supreme Court of Northern Ireland” | “ solicitors of the Court of Judicature of Northern Ireland ” |
| “solicitor of the Supreme Court of Judicature of Northern Ireland” | “ solicitor of the Court of Judicature of Northern Ireland ” |
| “solicitors of the Supreme Court of Judicature of Northern Ireland” | “ solicitors of the Court of Judicature of Northern Ireland ” |
6(1)In each of the enactments listed in sub-paragraph (3) for “Supreme Court” or “Supreme Court of Judicature” in each place substitute “ Court of Judicature ”.U.K.
(2)This paragraph does not apply to those words—
(a)in the short title or title of any enactment or group of enactments,
(b)where they are amended by paragraph 3 or 5 of this Schedule, or
(c)(unless otherwise provided) as inserted by any other provision of this Act.
(3)The enactments amended are—
the Railway Act (Ireland) 1851 (c. 70)
the Railways Act (Ireland) 1860 (c. 97)
the Tramways (Ireland) Act 1860 (c. 152)
the Settled Estates Act 1877 (c. 18)
the Bills of Sale (Ireland) Act 1879 (c. 50)
the Parliamentary Deposits and Bonds Act 1892 (c. 27)
the Land Law (Ireland) Act 1896 (c. 47)
the Colonial Solicitors Act 1900 (c. 14)
the Northern Ireland Land Act 1925 (c. 34)
the Local Government Act (Northern Ireland) 1934 (c. 22 (N.I.))
the Northern Ireland Land Purchase (Winding Up) Act 1935 (c. 21)
the Evidence and Powers of Attorney Act 1940 (c. 28)
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
the Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))
the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))
the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))
the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
the Courts-Martial (Appeals) Act 1968 (c. 20)
the Medicines Act 1968 (c. 67)
the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))
the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))
the Powers of Attorney Act (Northern Ireland) 1971 (c. 33 (N.I.))
the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/ 538 (N.I. 1))
the Administration of Justice Act 1973 (c. 15)
the Northern Ireland Constitution Act 1973 (c. 36)
the Hearing Aid Council (Extension) Act 1975 (c. 39)
the Restrictive Practices Court Act 1976 (c. 33)
the Solicitors (Northern Ireland) Order 1976 (S.I. 1976/582 (N.I. 12))
the Judicature (Northern Ireland) Act 1978 (c. 23), including section 68A(1)(a) inserted by section 10 of this Act, and any amendment to—
(i) the Lands Clauses Consolidation Act 1845 (c. 18), except section 3
(ii) the Consolidated Fund (Permanent Charges Redemption) Act 1873 (c. 57)
(iii) the Life Insurance Companies (Payment into Court) Act 1896 (c. 8)
the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8))
the Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))
the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
the Rules of the Supreme Court (Northern Ireland) (Revision) 1980 (S.R. 1980/346)
the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6))
the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
the Medical Act 1983 (c. 54)
the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Solicitors (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/1343 (N.I. 14))
the Family Law (Northern Ireland) Order 1993 (S.I. 1993/ 1576 (N.I. 6))
the Merchant Shipping Act 1995 (c. 21)
the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
the Human Rights Act 1998 (c. 42), section 18(4)(c)
the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I.))
the Justice (Northern Ireland) Act 2002 (c. 26)
the Courts Act 2003 (c. 39), sections 102(1)(a) and 103(8)
the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/ 435 (N.I. 10))
Textual Amendments
F3Sch. 11 para. 6(3): entry repealed (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(5), Sch. 4
F4Sch. 11 para. 6(3): entry repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(2), Sch. 2 (with art. 10)
7(1)The Chelsea and Kilmainham Hospitals Act 1826 is amended as follows.U.K.
(2)For “Supreme Court” in each place substitute “ Senior Courts ”.
(3)In sections 46, 49 and 50 for “the said court” in each place substitute “ the said courts ”.
8(1)The Ecclesiastical Houses of Residence Act 1842 is amended as follows.U.K.
(2)For “Supreme Court” in each place substitute “ Senior Courts ”.
(3)In section 12 for “the said court” in each place substitute “ the said courts ”.
9(1)The Lands Clauses Consolidation Act 1845 is amended as follows.U.K.
(2)For “Supreme Court” in each place, except in section 3, substitute “ Senior Courts ”.
(3)In section 3 for the definition of “Supreme Court” substitute— “ Any reference to the Senior Courts shall, where it relates to monies to be paid or deposited in respect of lands situate in Northern Ireland, be read as a reference to the Court of Judicature. ”
10(1)The Landed Estates Court (Ireland) Act 1858 is amended as follows.U.K.
(2)In section 56 (purchase money)—
(a)in the side-note for “Supreme Court” substitute “ Court of Judicature ”;
(b)for “Supreme Court of Judicature of Northern Ireland (“the Supreme Court”)” substitute “ Court of Judicature ”.
(3)In section 57 (persons interested may bid at sale, etc) for “Supreme Court” in each place substitute “ Court of Judicature ”.
(4)In section 70 (power to order money to be paid into Court)—
(a)for “Supreme Court or (where the case may require) the Supreme Court of Judicature of England” substitute “ Court of Judicature or (where the case may require) the Senior Courts ”;
(b)for “such respective Court” substitute “ the Court of Judicature or the Senior Courts respectively ”;
(c)after “as such Court” insert “ or Courts ”.
11(1)The Defence Act 1860 is amended as follows.U.K.
(2)In sections 21 and 22 (payment to meet consequent expenses, and payment into Supreme Court on failure to deduce title) for “Supreme Court or into the Supreme Court in Northern Ireland” substitute “ Senior Courts or Court of Judicature ”.
(3)In section 23 (orders concerning money paid into Supreme Court)—
(a)for “Supreme Court” substitute “ Senior Courts ”;
(b)for “the said Court” substitute “ the said Courts ”.
12U.K.In the Great Seal (Offices) Act 1874, in section 5 (transfer of duties of cursitors and clerk of the petty bag)—
(a)for “of the Supreme Court” substitute “ of the Senior Courts ”;
(b)for the words from “under the Supreme Court” to “amending the same” substitute “ within the meaning given in the Interpretation Act 1978 ”.
13U.K.In the Commons Act 1876, in section 30 (jurisdiction of county court) for the words from “to be made by the Supreme Court” to “Supreme Court of Judicature Act 1875” substitute “ within the meaning given in the Interpretation Act 1978 ”.
14U.K.In the Public Offices Fees Act 1879, in section 7 (application of Act) for “Supreme Courts of Judicature,” substitute “ Senior Courts, the Court of Judicature, ”.
15(1)The Commissioners for Oaths Act 1889 is amended as follows.U.K.
(2)For “Supreme Court” in each place, except in section 11, substitute “ Senior Courts ”.
(3)In section 11 omit the definition of “Supreme Court”.
16(1)The Notice of Accidents Act 1894 is amended as follows.U.K.
(2)In section 3(4) for “master of the Supreme Court” substitute “ Master (Taxing Office) of the Court of Judicature ”.
(3)Omit section 8.
17(1)The London Building Acts (Amendment) Act 1939 is amended as follows.U.K.
(2)In section 105 (payment of surplus of proceeds into court) for “Supreme Court of Judicature” substitute “ Senior Courts ”.
(3)In section 116 (tribunal may state case for opinion of High Court) in subsection (6) for the words from “the court” to the end substitute “ court ”.
18U.K.In the Registered Designs Act 1949, in section 31 (evidence before registrar) in paragraph (b) before “as regards” insert “ or of the Court of Judicature ”.
19(1)The Maintenance Orders Act 1950 is amended as follows.U.K.
(2)In section 17(3)(a) for “Supreme Court of Judicature in England” substitute “ Senior Courts ” and for “Supreme Court of Judicature of Northern Ireland” substitute “ Court of Judicature ”.
(3)In section 18(1B) for “Supreme Court in England or Northern Ireland” substitute “ Senior Courts or the Court of Judicature ”.
20U.K.In the Northern Ireland Act 1962, in section 29 (supplemental) in subsection (1) omit the definition of “the Supreme Court”.
21(1)The Solicitors Act 1974 is amended as follows.
(2)In section 6 (keeping of the roll) in subsection (1) for “Supreme Court” substitute “ Senior Courts ”.
(3)In section 19 (rights of practising and rights of audience)—
(a)in subsection (1)(a) for “Supreme Court” substitute “ Senior Courts ”;
(b)in subsection (2) omit “section 94 of the Supreme Court Act 1981,”.
(4)In section 29 (non-British subjects as solicitors) for “of the Supreme Court or of the Supreme Court of Northern Ireland” substitute “ of the Senior Courts or of the Court of Judicature ”.
(5)In section 50 (jurisdiction over solicitors)—
(a)in the side-note and subsection (1) for “Supreme Court” substitute “ Senior Courts ”;
(b)in subsection (2) for “Supreme Court was” substitute “ Senior Courts were ”.
(6)In section 87 (interpretation) in the definitions of “contentious business”, “the roll”, and “solicitor” for “Supreme Court” substitute “ Senior Courts ”.
22U.K.In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable)—
(a)in subsection (1)(a) for “Supreme Court” substitute “ Senior Courts, in the Court of Judicature ”;
(b)in subsection (5), omit“ “the Supreme Court””.
23(1)The Patents Act 1977 is amended as follows,
(2)In section 102A (right of audience etc) in subsection (1) for “Supreme Court” substitute “ Senior Courts or (in the application of this section to Northern Ireland) of the Court of Judicature ”.
(3)In subsection (2) of that section for “Supreme Court” substitute “ Senior Courts or of the Court of Judicature ”.
(4)In section 106 (costs and expenses in proceedings before the Court) for “the Rules of the Supreme Court or by the County Court Rules” substitute “ rules of court ”.
24U.K.In the Interpretation Act 1978, in Schedule 1 (words and expressions defined)—
(a)for the definition of “Supreme Court” substitute—
““Supreme Court” means the Supreme Court of the United Kingdom.”
(b)insert the following definitions at the appropriate places—
““Court of Judicature” means the Court of Judicature of Northern Ireland.”
““Senior Courts” means the Senior Courts of England and Wales.”
25(1)The Judicial Pensions Act 1981 is amended as follows.U.K.
(2)In the table in section 1 (interpretation) in each place—
(a)for “Supreme Court of England and Wales” substitute “ Senior Courts ”;
(b)for “Supreme Court of Northern Ireland” substitute “ Court of Judicature ”.
(3)In the table in section 16 (application of Part 2, and interpretation) for “Supreme Court” and “Supreme Court of Northern Ireland” respectively in each place (except where those words are inserted by this Act) substitute “ Senior Courts ” and “ Court of Judicature ”.
(4)In Schedule 1 (certain officers, and President of Transport Tribunal) for “Supreme Court” in each place substitute “ Senior Courts ”.
26(1)The Supreme Court Act 1981 is amended as follows.U.K.
(2)For “Supreme Court” in each place substitute “ Senior Courts ”.
(3)In section 14, in the side-note for “Supreme” substitute “ Senior Courts ”.
27(1)The Administration of Justice Act 1982 is amended as follows.U.K.
(2)In the following provisions for “Supreme Court” or “Supreme Court of Judicature” substitute “ Court of Judicature ”
(a)section 23(1)(c);
(b)section 25(3)(c);
(c)section 39(5)(b);
(d)section 42(5)(b).
(3)In section 47 (interpretation of Part 6) in the definition of “Accountant General” for “the Accountant General of the Supreme Court” substitute “ in relation to England and Wales, the Accountant General of the Senior Courts and, in relation to Northern Ireland, the Accountant General of the Court of Judicature ”.
28(1)The Representation of the People Act 1983 is amended as follows.U.K.
(2)In section 157 (application to Northern Ireland)—
(a)in each place for “Supreme Court (Queen's Bench Division)” substitute “ Senior Courts (Queen's Bench Division) ”;
(b)in subsection (8) for “Supreme Court of Judicature” substitute “ Court of Judicature ”.
(3)In the following provisions for “Supreme Court” substitute “ Senior Courts ”
(a)section 182(1);
(b)section 183(1).
29U.K.In the Income and Corporation Taxes Act 1988, in section 469A(2) (court common investment funds)—
(a)for “Supreme Court of Judicature in” substitute “ Senior Courts of ”;
(b)for “Supreme Court of Judicature of” substitute “ Court of Judicature of ”.
30(1)The Taxation of Chargeable Gains Act 1992 is amended as follows.U.K.
(2)In section 61 (funds in court) in subsection (3)—
(a)for “Supreme Court” in paragraph (a) substitute “ Senior Courts ”;
(b)for “Supreme Court of Judicature in England” substitute “ Senior Courts ”;
(c)for “Supreme Court of Judicature of Northern Ireland” in each place substitute “ Court of Judicature ”.
31U.K.In the Trade Marks Act 1994 in section 69 (evidence before registrar) for “Supreme Court” substitute “ Senior Courts or of the Court of Judicature ”.
32U.K.In the Supreme Court (Offices) Act 1997, for “Supreme Court” in each place substitute “ Senior Courts ”.
33(1)The Northern Ireland Act 1998 is amended as follows.U.K.
(2)In Schedules 2 and 3 for “Supreme Court of Judicature” substitute “ Court of Judicature ”.
(3)In paragraph 12(1) of Schedule 12 for “Supreme Court of Judicature of Northern Ireland” substitute “ Court of Judicature ”.
34U.K.In Part 7 of Schedule 1 to the Freedom of Information Act 2000—
(a)omit “The Northern Ireland Supreme Court Rules Committee.”;
(b)insert in the appropriate place “ The Northern Ireland Court of Judicature Rules Committee. ”.
35U.K.In the following provisions of the Criminal Justice and Court Services Act 2000 for “senior court” in each place substitute “ superior court ”
(a)section 28(2)(b) and (3)(b);
(b)section 29(2)(b) and (3)(b);
(c)section 29A(1)(b);
(d)section 30(1).