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Senior Courts Act 1981

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SCHEDULE 1E+W Distribution of Business in High Court

Chancery DivisionE+W

1To the Chancery Division are assigned all causes and matters relating to—

(a)the sale, exchange or partition of land, or the raising of charges on land;

(b)the redemption or foreclosure of mortgages;

(c)the execution of trusts;

(d)the administration of the estates of deceased persons;

(e)bankruptcy;

(f)the dissolution of partnerships or the taking of partnership or other accounts;

(g)the rectification, setting aside or cancellation of deeds or other instruments in writing;

(h)probate business, other than non-contentious or common form business;

(i)patents, trade marks, registered designs [F1, copyright or design right];

(j)the appointment of a guardian of a minor’s estate,

and all causes and matters involving the exercise of the High Court’s jurisdiction under the enactments relating to companies.

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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)

Modifications etc. (not altering text)

Queen’s Bench DivisionE+W

2To the Queen’s Bench Division are assigned—

[F2(a)applications for writs of habeas corpus, except applications for a writ of habeas corpus for release relating to a minor;]

(b)applications for judicial review;

F3(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(bb)all financial restrictions proceedings within the meaning of Chapter 2 of Part 6 of the Counter-Terrorism Act 2008 (see section 65 of that Act);]

[F5(bc)all proceedings—

(i)on an appeal under section 26, or an application under section 27, of the Terrorist Asset-Freezing etc. Act 2010 (appeals and reviews by the court), or

(ii)on a claim arising from any matter to which such an appeal or application relates;]

[F6(bd)all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);]

[F7(be)all TEO proceedings (within the meaning given by paragraph 1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (proceedings relating to temporary exclusion orders));]

[F8(bf)all proceedings—

(i)on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or

(ii)on a claim arising from any matter to which such an application relates;]

(c)all causes and matters involving the exercise of the High Court’s Admiralty jurisdiction or its jurisdiction as a prize court; and

(d)all causes and matters entered in the commercial list.

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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)

F3Sch. 1 para. 2(ba) omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 1(a) (with Sch. 8)

F4Sch. 1 para. 2(bb) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 71, 100

F5Sch. 1 para. 2(bc) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 28(1), 55(1) (with s. 44)

F7Sch. 1 para. 2(be) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 15(1), 52(5)

Family DivisionE+W

3To the Family Division are assigned—

(a)all matrimonial causes and matters (whether at first instance or on appeal);

[F9(aa)applications for a writ of habeas corpus for release relating to a minor;]

(b)all causes and matters (whether at first instance or on appeal) relating to—

(i)legitimacy;

[F10(ii)the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor’s estate;]

(iii)F11. . . adoption;

(iv)non-contentious or common form probate business;

(c)applications for consent to the marriage of a minor [F12or for a declaration under section 27B(5) of the Marriage Act M1 1949];

F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(e)applications under Part III of the Family Law Act 1986.]

[F14(e)proceedings under the Children Act 1989]

[F15(ea)proceedings under section 79 of the Childcare Act 2006;]

[F16(eb)proceedings under section 43 of the Children and Families (Wales) Measure 2010;]

[F17(ec)proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;]

[F18(f)all proceedings under:—

(i)the [F19Part IV [F20or 4A] of the Family Law Act 1996];

(ii)the Child Abduction and Custody Act 1985

(iii)the Family Law Act 1986;

[F21(iv)section 54 of the Human Fertilisation and Embryology Act 2008;]

[F22(v)Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;]

[F23(vi)the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;]

[F24(fa)all proceedings relating to a debit or credit under section 29(1) or 49(1) of the Welfare Reform and Pensions Act 1999;]

(g)all proceedings for the purpose of enforcing an order made in any proceedings of a type described in this paragraph.]

[F25(h)all proceedings under the Child Support Act 1991.]

[F26(ha)all proceedings under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;]

[F27(i)all proceedings under sections 6 and 8 of the Gender Recognition Act 2004.]

[F28(i)all civil partnership causes and matters (whether at first instance or on appeal);

(j)applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004;

(k)applications under section 58 of that Act (declarations relating to civil partnerships).]

[F29(l)proceedings under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters, so far as relating to the recognition and enforcement in England and Wales of a protection measure (within the meaning of that Regulation) ordered in a Member State other than the United Kingdom.]

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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)

F13Sch. 1 para. 3(d) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 63; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F14Sch. 1 para. 3(e) commencing “applications under” added by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 26 and Sch. 1 para. 3(e) commencing “proceedings under” added (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 92, 108(6), Sch. 11 Pt. II para. 9 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F15Sch. 1 para. 3(ea) inserted (6.4.2007) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 3; S.I. 2007/1019, art. 4

F18Sch. 1 para. 3(f)(g) added (14.10.1991) by S.I. 1991/1210, art. 3, Sch

F19Words in Sch. 1 para. 3(f)(i) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 51(b); S.I. 1997/1892, art. 3(1)(b)

F24Sch. 1 para. 3(fa) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 para. 1; S.I. 2000/1116, art. 2(b)(f)

F25Sch. 1 para. 3(h) inserted (5.4.1993) by S.I. 1993/622, art. 3

F28Sch. 1 para. 3(i)-(k) inserted (15.4.2005 for specified purposes and otherwise prosp.) by virtue of Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 70; S.I. 2005/1112, art. 2, Sch. 1

Modifications etc. (not altering text)

Marginal Citations

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