Senior Courts Act 1981
Senior Courts Act 1981 (1981 c. 54)
- Senior Courts Act 1981 (1981 c. 54)
- Part I CONSTITUTION OF Senior Courts
- The Senior Courts
- 1 The Senior Courts.
- The Court of Appeal
- 2 The Court of Appeal.
- 3 Divisions of Court of Appeal.
- The High Court
- 4 The High Court.
- 5 Divisions of High Court.
- 6 The Patents, Admiralty and Commercial Courts.
- 7 Power to alter Divisions or transfer certain courts to different Divisions.
- The Crown Court
- 8 The Crown Court.
- Other provisions
- 9 Assistance for transaction of judicial business ....
- 10 Appointment of judges of Senior Courts.
- 11 Tenure of office of judges of Senior Courts.
- 12 Salaries etc. of judges of Senior Courts.
- 13 Precedence of judges of Senior Courts.
- 14 Power of judge of Senior Courts or Crown Court to act in cases relating to rates and taxes.
- Part II JURISDICTION
- The Court of Appeal
- 15 General jurisdiction of Court of Appeal.
- 16 Appeals from High Court.
- 17 Applications for new trial.
- 18 Restrictions on appeals to Court of Appeal.
- The High Court
- General jurisdiction
- 19 General jurisdiction of High Court.
- Admiralty jurisdiction
- 20 Admiralty jurisdiction of High Court.
- 21 Mode of exercise of Admiralty jurisdiction.
- 22 Restrictions on entertainment of actions in personam in collision and other similar cases.
- 23 High Court not to have jurisdiction in cases within Rhine Convention.
- 24 Supplementary provisions as to Admiralty jurisdiction.
- Other particular fields of jurisdiction
- 25 Probate jurisdiction of High Court.
- 26 Matrimonial jurisdiction of High Court.
- 27 Prize jurisdiction of High Court.
- 28 Appeals from Crown Court and inferior courts.
- 28A Proceedings on case stated by magistrates’ court or Crown Court.
- 29 Mandatory, prohibiting and quashing orders
- 29A Further provision in connection with quashing orders
- 30 Injunctions to restrain persons from acting in offices in which they are not entitled to act.
- 31 Application for judicial review.
- 31A Transfer of judicial review applications to Upper Tribunal
- Powers
- 32 Orders for interim payment.
- 32A Orders for provisional damages for personal injuries.
- 33 Powers of High Court exercisable before commencement of action.
- 34 Power of High Court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death.
- 35 Provisions supplementary to ss. 33 and 34.
- 35A Power of High Court to award interest on debts and damages.
- 36 Subpoena issued by High Court to run throughout United Kingdom.
- 37 Powers of High Court with respect to injunctions and receivers.
- 38 Relief against forfeiture for non-payment of rent.
- 39 Execution of instrument by person nominated by High Court.
- 40 Attachment of debts.
- 40A Administrative and clerical expenses of garnishees.
- 41 Wards of court.
- 42 Restriction of vexatious legal proceedings.
- 43 Power of High Court to vary sentence on application for quashing order.
- 43ZA Power of High Court to vary committal in default.
- 43A Specific powers of arbitrator exercisable by High Court.
- Other provisions
- 44 Extraordinary functions of judges of High Court.
- The Crown Court
- 45 General jurisdiction of Crown Court.
- 46 Exclusive jurisdiction of Crown Court in trial on indictment.
- 46ZA Remitting proceedings to magistrates’ courts for trial
- 46A Offences committed on ships and abroad.
- 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48 Appeals to Crown Court.
- General Provisions
- Law and equity
- 49 Concurrent administration of law and equity.
- 50 Power to award damages as well as, or in substitution for, injunction or specific performance.
- Costs
- 51 Costs in civil division of Court of Appeal, High Court and county courts.
- 52 Costs in Crown Court.
- 52A Appeals to Crown Court: criminal courts charge
- Part III PRACTICE AND PROCEDURE
- The Court of Appeal
- Distribution of business
- 53 Distribution of business between civil and criminal divisions.
- Composition of court
- 54 Court of civil division.
- 55 Court of criminal division.
- 56 Judges not to sit on appeal from their own judgments, etc.
- 56A Circuit judges not to sit on certain appeals.
- 56B Allocation of cases in criminal division.
- Sittings and vacations
- 57 Sittings and vacations.
- Other provisions
- 58 Calling into question of incidental decisions in civil division.
- 59 Form of judgment of court of criminal division.
- 60 Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory.
- The High Court
- Distribution of business
- 61 Distribution of business among Divisions.
- 62 Business of Patents, Admiralty and Commercial Courts.
- 63 Business assigned to specially nominated judges.
- 64 Choice of Division by plaintiff.
- 65 Power of transfer.
- Divisional courts
- 66 Divisional courts of High Court.
- Mode of conducting business
- 67 Proceedings in court and in chambers.
- 68 Exercise of High Court jurisdiction otherwise than by judges of that court.
- 69 Trial by jury.
- 70 Assessors and scientific advisers.
- Sittings and vacations
- 71 Sittings and vacations.
- Other provisions
- 72 Withdrawal of privilege against incrimination of self or spouse in certain proceedings.
- The Crown Court
- Composition of court
- 73 General provisions.
- 74 Appeals and committals for sentence.
- Distribution of business
- 75 Allocation of cases according to composition of court, etc.
- 76 CommittalSending for trial: alteration of place of trial.
- 77 CommittalSending for trial: date of trial.
- Sittings
- 78 Sittings.
- Other provisions
- 79 Practice and procedure in connection with indictable offences and appeals.
- 80 Process to compel appearance.
- 81 Bail.
- 82 Duties of officers of Crown Court.
- 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Rules of Court
- 84 Power to make rules of court.
- 85 The Senior Courts Rule Committee.
- 86 The Crown Court Rule Committee.
- 86A Process for making rules of court under section 84
- 86B Rules to be made if required by Lord Chancellor
- 87 Particular matters for which rules of court may provide.
- Part IV OFFICERS AND OFFICES
- Appointment of certain officers of Senior Courts
- 88 Qualification for office.
- 89 Masters and registrars.
- 90 Official Solicitor.
- 91 Deputies and temporary appointments.
- Other provisions relating to officers of Senior Courts
- 92 Tenure of office.
- 93 Status of officers for purposes of salary and pension.
- 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 95 Property held by officers.
- Central Office and Accountant General
- 96 Central Office.
- 97 Accountant General.
- Judges’ clerks and secretaries
- 98 Judges’ clerks and secretaries.
- District registries and district registrars
- 99 District registries.
- 100 District judges
- 101 Power of one district registrar to act for another.
- 102 Deputy district registrars.
- 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- District probate registries
- 104 District probate registries.
- Part V PROBATE CAUSES AND MATTERS
- Procedure in probate registries in relation to grants of representation
- 105 Applications.
- 106 Grants by district probate registrars.
- 107 No grant where conflicting applications.
- 108 Caveats.
- 109 Refusal of grant where capital transfer tax unpaid.
- 110 Documents to be delivered to Commissioners of Inland Revenue.
- 111 Records of grants.
- Powers of court in relation to personal representatives
- 112 Summons to executor to prove or renounce.
- 113 Power of court to sever grant.
- 114 Number of personal representatives.
- 115 Grants to trust corporations.
- 116 Power of court to pass over prior claims to grant.
- 117 Administration pending suit.
- 118 Effect of appointment of minor as executor.
- 119 Administration with will annexed.
- 120 Power to require administrators to produce sureties.
- Revocation of grants and cancellation of resealing at instance of court
- 121 Revocation of grants and cancellation of resealing at instance of court.
- Ancillary powers of court
- 122 Examination of person with knowledge of testamentary document.
- 123 Subpoena to bring in testamentary document.
- Provisions as to documents
- 124 Place for deposit of original wills and other documents.
- 125 Copies of wills and grants.
- 126 Depositories for wills of living persons.
- Probate rules
- 127 Probate rules.
- Interpretation of Part V and other probate provisions
- 128 Interpretation of Part V and other probate provisions.
- Part VI MISCELLANEOUS AND SUPPLEMENTARY
- Miscellaneous provisions
- 129 Lords Commissioners to represent Lord Chancellor when Great Seal in commission.
- 130 Fees to be taken in Supreme Court.
- 131 Conveyancing counsel of Senior Courts.
- 132 Proof of documents bearing seal or stamp of Senior Courts or any office thereof.
- 133 Enrolment and engrossment of instruments.
- 134 Powers of attorney deposited before October 1971.
- 135 Bonds given under order of court.
- 136 Production of documents filed in, or in custody of, Senior Courts.
- 137 Money paid into court under enactment subsequently repealed.
- 138 Effect of writs of execution against goods.
- 138A Sales under executions.
- 138B Protection of officer selling goods under execution.
- 139 Attachment of National Savings Bank deposits.
- 140 Enforcement of fines and forfeited recognizances.
- 141 Abolition of certain writs.
- 142 Selection of judges for trial of election petitions.
- 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 145 Amendment of Courts-Martial (Appeals) Act 1968.
- 146 Amendment of Courts Act 1971.
- 147 Amendment of Solicitors Act 1974.
- 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplementary
- 150 Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc.
- 151 Interpretation of this Act, and rules of construction for other Acts and documents.
- 152 Amendments of other Acts, transitional provisions, savings and repeals.
- 153 Citation, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Distribution of Business in High Court
- Chancery Division
- Queen’s Bench Division
- Family Division
- SCHEDULE 2 List of offices in Senior Courts for purposes of Part 4
- SCHEDULE 4 Construction of References to Superseded Courts and Officers
- General
- The Accountants-General of the Courts of Chancery and Exchequer
- The Court of Criminal Appeal and its registrar
- Principal registrar of Family Division
- SCHEDULE 5 Consequential Amendments
- COLONIAL PROBATES ACT 1892 (c. 6)
- ADMINISTRATION OF ESTATES ACT 1925 (c. 23)
- LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11)
- FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c. 13)
- ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 (c. 36)
- CRIMINAL JUSTICE ACT 1948 (c. 58)
- CONSULAR CONVENTIONS ACT 1949 (c. 29)
- ARBITRATION ACT 1950 (c. 27)
- ARMY ACT 1955 (c. 18)
- AIR FORCE ACT 1955 (c. 19)
- PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)
- NURSES (AMENDMENT) ACT 1961 (c. 14)
- RIVERS (PREVENTION OF POLLUTION) ACT 1961 (c. 50)
- PUBLIC HEALTH ACT 1961 (c. 64)
- ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)
- ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)
- VETERINARY SURGEONS ACT 1966 (c. 36)
- ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 (c. 41)
- MATRIMONIAL CAUSES ACT 1967 (c. 56)
- CRIMINAL APPEAL ACT 1968 (c. 19)
- HEARING AID COUNCIL ACT 1968 (c. 50)
- ...
- HOVERCRAFT ACT 1968 (c. 59)
- ADMINISTRATION OF ESTATES ACT 1971 (c. 25)
- MISUSE OF DRUGS ACT 1971 (c. 38)
- MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59)
- TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)
- LAND CHARGES ACT 1972 (c. 61)
- HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)
- MERCHANT SHIPPING ACT 1974 (c. 43)
- SOLICITORS ACT 1974 (c. 47)
- HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)
- NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)
- EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34)
- FARRIERS (REGISTRATION) ACT 1975 (c. 35)
- TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32)
- INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46)
- EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44)
- ARBITRATION ACT 1979 (c. 42)
- CHARGING ORDERS ACT 1979 (c. 53)
- MAGISTRATES’ COURTS ACT 1980 (c. 43)
- JUDICIAL PENSIONS ACT 1981 (c. 20)
- SCHEDULE 6 Transitional Provisions and Savings
- Continuity of appointments of officers
- Tenure, etc. of certain officers
- Inland Revenue affidavits
- Grants of representation made under provisions of 1925 Act not reproduced in this Act
- Minor executors
- Administration bonds given before 1st January 1972
- Grants and resealings liable to revocation or cancellation at instance of court
- Appeals from certain orders and decisions under section 54(3) of Magistrates’ Courts Act 1952
- Interpretation
Feedback