Administration of Justice Act 1965

Part I — Funds in Court in England and Wales

Common Investment Funds for Investment of Money in Court and Statutory Deposits

Schemes for establishment of common investment funds.

1

Consequential modifications of Public Trustee Act 1906.

2

Funds in the Senior Courts

Accountant General to maintain an account at Bank of England.

3

Mode of effecting payment of money and transfer of securities,into Supreme Court.

4

Transmission of money, from Accountant General to successor.

5

Mode in which money in Supreme Court may be dealt with.

6

Rules as to funds in Supreme Court.

7

Provision of money for making good default of Accountant General with respect to funds in Supreme Court.

8

Amendments of Part X of County Courts Act 1959

Amendment of section 168 of County Courts Act 1959, and consequential amendment of section 172 thereof.

9

Provision of money for making good default of Accountant General with respect to funds in county courts.

10

Consequential amendment with respect to Mayor's and City of London Court.

11

Investment of Money transferred under Funds Rules to, and ultimate Liability of Consolidated Fund for Payments under such Rules by, the National Debt Commissioners

Investment of money transferred under funds rules to National Debt Commissioners.

12

Ultimate liability of Consolidated Fund for payments under funds rules by National Debt Commissioners.

13

Special Provisions with respect to Statutory Deposits, &c.

Special provisions with respect to statutory deposits,.

14

Supplementary Provisions

Accounts.

15

Parliamentary control of powers to make schemes, rules and regulations.

16

Amendments of Acts to secure conformity with Part I of this Act.

17

• (1) The enactments specified in column 1 of Schedule 1 to this Act shall have effect subject to the amendments respectively specified in relation thereto in column 2 of that Schedule (being amendments necessary for bringing those enactments into conformity with this Part of this Act).

• (2) Without prejudice to section 23 of the Interpretation Act 1889 or any corresponding enactment of the Parliament of Northern Ireland, any reference in an Act passed or other instrument made before the commencement of this Act which is, or includes, a reference to a provision of the Lands Clauses Consolidation Act 1845 that is amended by this Act shall, unless the contrary intention appears, be construed as referring, or as including a reference, to that provision as so amended.

Interpretation of Part I and Schedule 1.

18

Part II — Miscellaneous Amendments of Law relating to England and Wales

Control by court, in certain cases, of money recovered under Fatal Accidents Acts.

19

Increase of amount determining county court jurisdiction to make administration orders, restriction on presentation of bankruptcy petitions and minor amendments about such orders.

20

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Before an administration order is made by a court, the registrar of the court shall, in accordance with rules made under section 102 of the County Courts Act 1959, send to every person whose name the debtor has notified to the appropriate county court as being a creditor of his notice that that person’s name has been so notified; and so long as the order is in force, a creditor whose name is included in the schedule to the order shall not, without the leave of that court, be entitled to present, or join in, a bankruptcy petition against the debtor unless—

• (a) his name was so notified; and

• (b) the debt by virtue of which he presents, or joins in, the petition exceeds £1,500; and

• (c) the notice given to the creditor by the registrar in accordance with this subsection was received by the creditor within twenty-eight days immediately preceding the day on which the petition is presented.

• (4) In section 150 of the County Courts Act 1959 (which, when an administration order is made, bars a creditor from remedies in respect of a debt which has been notified to a county court or is scheduled to the order, and requires a stay of proceedings in a county court or other inferior court in respect of such a debt)—

• (a) the requirement to stay proceedings shall not operate as a requirement that a county court in which proceedings in bankruptcy against the debtor are pending shall stay those proceedings; and

• (b) the reference to notification to a county court shall be construed as a reference to notification to the appropriate county court.

• (5) In section 149(a) of the County Courts Act 1959, the requirement that notice of an administration order shall be sent to every creditor notified by the debtor shall be construed as a requirement that notice shall be sent to every person whose name a debtor has notified to the appropriate county court as being a creditor of his.

• (6) In this section any reference to notification to the appropriate county court shall, in relation to an administration order, be construed as a reference to the giving, before the making of the order, of notice, in accordance with rules made under the said section 102, to the court which, at the time when the notification is given, has the power to make the order.

• (7) The power conferred by subsection (2) above to make an Order in Council shall include power to vary the Order; . . ..

Application for administration order to be act of bankruptcy.

21

Execution.

22

Power of county court to extend period for giving possession of land in proceedings for enforcement of right of re-entry or forfeiture.

23

• (1) Where a lessor is proceeding by action in a county court in England or Wales to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent, and the court by order made in pursuance of section 191(1)(b) of the County Courts Act 1959 orders possession of the land to be given to the lessor at the expiration of a period fixed by the court unless within that period the lessee pays into court all the rent in arrear and the costs of the action, the court may extend that period at any time before possession of the land is recovered in pursuance of the order.

• (2) Where, under the foregoing subsection, a court extends a period at a time when that period has expired and a warrant has been issued for the possession of the land, the court shall suspend the warrant for the period of the extension and, if, before the expiration of the last-mentioned period, the lessee pays into court all the rent in arrear and the costs of the action, shall cancel the warrant.

• (3) The extension under subsection (1) above of a period fixed by a court shall not be treated as relief from which the lessee, if he fails within that period to pay into court all the rent in arrear and the costs of the action, is barred by virtue of section 191(1)(c) of the County Courts Act 1959.

• (4) Where, under subsection (1) above, a court extends a period, any reference in the said section 191(1)(c) (which, as well as barring a lessor from relief as mentioned in the last foregoing subsection, provides that if, within the period specified in the order, the lessee pays into court the rent in arrear and costs he shall continue to hold the land) to the period specified in the order shall be construed as reference to that period as so extended.

Extension of descriptions of persons qualified for appointment to offices of Master, Chancery Division and Master, Taxing Office.

24

Amelioration of conditions qualifying Lord Chancellor's Legal Visitor for pension.

25

District probate registry orders to be subject to negative, instead of affirmative, resolution.

26

Amendment of section 8 of Prosecution of Offences Act 1879.

27

Commutation of benefits under section 10 of Courts of Justice Concentration (Site) Act 1865.

28

Part III — Qualification of Ex-Service Members of Appeal Tribunals under War Pensions (Administrative Provisions) Act 1919

Amendment of War Pensions (Administrative Provisions) Act 1919.

29

For sub-paragraph (ii) of paragraph 2 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (by virtue whereof one of the members of an appeal tribunal established under section 8 of that Act must be a disabled officer who retired or was demobilised drom the forces during the 1914-18 war while suffering impairment or a disabled man who was similarly discharged or demobilised) there shall be substituted the following sub-paragraph:—

(ii) a person who has served in Her Majesty’s Forces

.

Part IV

Power of Her Majesty to extend scope of section 1 of this Act so as to include certain Northern Irish moneys.

30

Power of Parliament of Northern Ireland to enact provisions similar to those of section 19 of this Act.

31

Transcript of shorthand notes of trial on indictment.

32

Repeal of section 116 of Probates and Letters of Administration Act (Ireland) 1857.

33

Section 116 of the Probates and Letters of Administration Act (Ireland) 1857 (which requires the Treasury to prepare, and to present to Parliament, an annual return of fees and moneys levied, and salaries, expenses and superannuations, &c, paid, under that Act) shall cease to have effect.

Part V — Supplemental

Cesser of obsolete,enactments.

34

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction of references to enactments.

35

References in this Act to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended by or under any subsequent enactment, including this Act.

Short title, commencement and repeal.

36

• (1) This Act may be cited as the Administration of Justice Act 1965.

• (2) This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint.

• (3) Different days may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the day on which that provision comes into operation.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

SCHEDULES 2 and 3

SCHEDULE 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of Acts to secure conformity with Part I of this Act.

6A

The Act shall, in its application to England and Wales, have effect with the substitution for sections 86, 87 and 88 of the following section:—

For section 11(k) there shall be substituted the following:—

Paragraph (8) of section 68 and, in paragraph (13) of that section, the words from “and so far as relates” to “Supreme Court” shall be omitted, and at the end of that section there shall be inserted the following subsection:—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c15724791]: Act not in force at Royal Assent, see s. 36(2)(3); Act wholly in force at 1.10.1965

[^c20803271]: Words in Long Title substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5)(6), 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d)

[^c15724861]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15724921]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15724951]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15725021]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15725041]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15725121]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15725151]: S. 6A. (which was inserted by Administration of Justice Act 1977 (c. 38), s. 11(3)) repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15725191]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2

[^c15725211]: Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2