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Administration of Justice Act 1970

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Part I — Courts and Judges

High Court

Redistribution of business among divisions of the High Court

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

(6) In accordance with the foregoing subsections—

(a) the enactments specified in Schedule 2 to this Act (that is to say, the said Act of 1925 and other enactments relative to the High Court, its jurisdiction, judges, divisions and business) shall be amended as shown in that Schedule; and

(b) references in any other enactment or document to the Probate, Divorce and Admiralty Division, the President of that division, the principal probate registry, the principal (or senior) probate registrar and a probate registrar shall, so far as may be necessary to preserve the effect of the enactment or document, be construed respectively as references to the Family Division and to the President, principal registry, principal registrar and a registrar of that division.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admiralty Court

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commercial Court

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Power of judges of Commercial Court to take arbitrations

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The Vice-Chancellor

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Divisional Courts

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Assizes and Central Criminal Court

Extension of power to dispense with holding of assizes

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Sittings of Central Criminal Court

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The Administration of Justice Act 1964 shall be deemed to have been enacted with the following paragraph in place of paragraph 14 of Schedule 1 (which Schedule relates to the constitution, jurisdiction, sittings, etc. of the Central Criminal Court):—

(14) (1) The Court may sit in more than one division simultaneously. (2) Any division of the Court may sit at any place in Greater London.

Court of Appeal

Constitution of criminal division and powers of single judge

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Patents and Registered Designs Appeal Tribunals

Temporary additional judges

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(1) This section applies if both of the following conditions are met—

(a) the Lord Chancellor thinks that it is expedient, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the Tribunal);

(b) the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

(1A) The Lord Chief Justice may, after consulting the Lord Chancellor, appoint one of the following persons as mentioned in subsection (1)(a)—

(a) a judge of the Court of Appeal;

(b) a person who has held office as a judge of the Court of Appeal or of the High Court;

(1B) An appointment under this section is—

(a) for such period, or

(b) for the purpose of hearing such appeals,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.

(2) A person appointed to the Tribunal under this section shall, while sitting and acting as aforesaid, have all the jurisdiction of, but shall not otherwise be deemed to be, a judge of the Tribunal.

(3) The Lord Chancellor may pay to a person appointed to the Tribunal under this section (other than a judge of the Court of Appeal) such remuneration as he may determine with the approval of the Minister for the Civil Service; and any such remuneration shall be included in the expenses of the Tribunal.

(4) In this section . . . “the Registered Designs Appeal Tribunal” means the Appeal Tribunal constituted under section 28 of the Registered Designs Act 1949 as amended by section 24 of the Administration of Justice Act 1969.

(4A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(5) In subsection (8) of the said section 85 and subsection (8) of the said section 28 (which confer power on the two Tribunals to make rules about procedure etc.), there shall in each case be inserted at the end of the subsection the words “including right of audience”.

Part II — Enforcement of Debt

Provisions restricting sanction of imprisonment

Restriction on power of committal under Debtors Act 1869 (c. 62)

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The jurisdiction given by section 5 of the Debtors Act 1869 to commit to prison a person who makes default in payment of a debt, or instalment of a debt, due from him in pursuance of an order or judgment shall be exercisable only—

(a) by the High Court in respect of a High Court maintenance order; and

(b) by a county court in respect of—

(i) a High Court or a county court maintenance order; or

(ii) a judgment or order which is enforceable by a court in England and Wales and is for the payment of any of the taxes, contributions premiums or liabilities specified in Schedule 4 to this Act.

Restriction on magistrates' power of committal for civil debt

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Enforcement by attachment of earnings

Courts with power to attach earnings

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Application for order and conditions of court's power to make it

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(1) The following persons may apply for an attachment of earnings order:—

(a) the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court);

(b) where the relevant adjudication is an administration order, any one of the creditors scheduled to the order;

(c) without prejudice to paragraph (a) above, where the application is to a magistrates' court for an order to secure maintenance payments, and there is in force an order under section 52(1) of the Act of 1952, or section 19(2) of the Maintenance Orders Act 1950, that those payments be made to the clerk of a magistrates' court, the clerk of that court;

(d) in the following cases the debtor—

(i) where the application is to a magistrates' court; or

(ii) where the application is to the High Court or a county court for an order to secure maintenance payments.

(2) An application for an attachment of earnings order to secure maintenance payments shall not be made, except by the debtor, unless at least fifteen days have elapsed since the making of the related maintenance order.

(3) For an attachment of earnings order to be made on the application of any person other than the debtor it must appear to the court that the debtor has failed to make one or more payments required by the relevant adjudication.

(4) Where proceedings are brought—

(a) in the High Court or a county court for the enforcement of a maintenance order by committal under section 5 of the Debtors Act 1869 ; or

(b) in a magistrates' court for the enforcement of a maintenance order under section 64 of the Act of 1952 (distress or committal),

then, subject to subsection (5) below, the court may make an attachment of earnings order to secure payments under the maintenance order, instead of dealing with the case under section 5 of the said Act of 1869 or, as the case may be, section 64 of the Act of 1952.

(5) The court shall not, except on the application of the debtor, make an attachment of earnings order to secure payments under a maintenance order if it appears to it that the debtor's failure to make payments in accordance with the maintenance order is not due to his wilful refusal or culpable neglect.

(6) Where proceedings are brought in a county court for an order of committal under section 5 of the Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions or liabilities specified in Schedule 4 to this Act, the court may, in any circumstances in which it has power to make such an order, make instead an attachment of earnings order to secure the payment of the judgment debt.

(7) A county court shall not make an attachment of earnings order to secure the payment of a judgment debt if there is in force an order or warrant for the debtor's committal, under section 5 of the Debtors Act 1869, in respect of that debt; but in any such case the court may discharge the order or warrant with a view to making an attachment of earnings order instead.

(8) Where a county court makes an administration order in respect of a debtor's estate, it may also make an attachment of earnings order to secure the payments required by the administration order; and at any time when an administration order is in force a county court may (with or without an application) make an attachment of earnings order to secure the payments required by the administration order, if it appears to the court that the debtor has failed to make any such payment.

(9) The power of a county court under subsection (8) above to make an attachment of earnings order to secure the payments required by an administration order shall, where the debtor is already subject to an attachment of earnings order to secure the payment of a judgment debt, include power to direct that the last-mentioned order shall take effect (with or without variation under section 18 of this Act) as an order to secure the payments required by the administration order.

Effect and contents of order

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(1) An attachment of earnings order shall be an order directed to a person who appears to the court to have the debtor in his employment and shall operate as an instruction to that person—

(a) to make periodical deductions from the debtor's earnings in accordance with Part I of Schedule 5 to this Act; and

(b) at such times as the order may require, or as the court may allow, to pay the amounts deducted to the collecting officer of the court, as specified in the order.

(2) For the purposes of this Part of this Act, the relationship of employer and employee shall be treated as subsisting between two persons if one of them, as a principal and not as a servant or agent, pays to the other any sums defined as earnings by section 26 of this Act.

(3) An attachment of earnings order shall contain prescribed particulars enabling the debtor to be identified by the employer.

(4) Except where it is made to secure maintenance payments, the order shall specify the whole amount payable under the relevant adjudication (or so much of that amount as remains unpaid), including any relevant costs.

(5) The order shall specify—

(a) the normal deduction rate, that is to say, the rate (expressed as a sum of money per week, month or other period) at which the court thinks it reasonable for the debtor's earnings to be applied to meeting his liability under the relevant adjudication; and

(b) the protected earnings rate, that is to say the rate (so expressed) below which, having regard to the debtor's resources and needs, the court thinks it reasonable that the earnings actually paid to him should not be reduced.

(6) In the case of an order made to secure payments under a maintenance order (not being an order for the payment of a lump sum), the normal deduction rate—

(a) shall be determined after taking account of any right or liability of the debtor to deduct income tax when making the payments ; and

(b) shall not exceed the rate which appears to the court necessary for the purpose of—

(i) securing payment of the sums falling due from time to time under the maintenance order, and

(ii) securing payment within a reasonable period of any sums already due and unpaid under the maintenance order.

(7) For the purposes of an attachment of earnings order, the collecting officer of the court shall be (subject to later variation of the order under section 18 of this Act)—

(a) in the case of an order made by the High Court, either—

(i) the proper officer of the High Court, or

(ii) the registrar of such county court as the order may specify;

(b) in the case of an order made by a county court, the registrar of that court; and

the clerk either of that court or of another magistrates' court specified in the order.

Compliance with order by employer

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(1) Where an attachment of earnings order has been made, the employer shall, if he has been served with the order, comply with it; but he shall be under no liability for noncompliance before seven days have elapsed since the service.

(2) Where a person is served with an attachment of earnings order directed to him and he has not the debtor in his employment, or the debtor subsequently ceases to be in his employment, he shall (in either case), within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the court.

(3) Part II of Schedule 5 to this Act shall have effect with respect to the priority to be accorded as between two or more attachment of earnings orders directed to a person in respect of the same debtor.

(4) On any occasion when the employer makes, in compliance with the order, a deduction from the debtor's earnings—

(a) he shall be entitled to deduct, in addition, one shilling or such other sum as may be prescribed by order made by the Lord Chancellor towards his clerical and administrative costs; and

(b) he shall give to the debtor a statement in writing of the total amount of the deduction.

As from the appointed day for the purposes of the Decimal Currency Act 1969, paragraph (a) of this subsection shall have effect with the substitution for " one shilling " of " five new pence ".

(5) An order of the Lord Chancellor under subsection (4) (a) above—

(a) may prescribe different sums in relation to different classes of cases;

(b) may be varied or revoked by a subsequent order made under that paragraph ; and

Interrelation with alternative remedies open to creditor

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(1) Where an attachment of earnings order has been made to secure maintenance payments, no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order.

(2) Where a county court has made an attachment of earnings order to secure the payment of a judgment debt—

(a) no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the debt begun before the making of the attachment of earnings order; and

(b) so long as the order is in force no execution for the recovery of the debt shall issue against any property of the debtor without the leave of the county court.

(3) An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt.

(4) An attachment of earnings order made to secure any payment specified in section 13 (4) (6) or (c) of this Act shall cease to have effect on the issue of a warrant committing the debtor to prison for default in making that payment.

(5) Where an attachment of earnings order ceases to have effect under this section, the proper officer of the prescribed court shall give notice of the cessation to the person to whom the order was directed.

Variation, lapse and discharge of orders

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(1) The court may make an order discharging or varying an attachment of earnings order.

(2) Where an order is varied, the employer shall, if he has been served with notice of the variation, comply with the order as varied; but he shall be under no liability for noncompliance before seven days have elapsed since the service.

(3) Rules of court may make provision—

(a) as to the circumstances in which an attachment of earnings order may be varied or discharged by the court of its own motion;

(b) in the case of an attachment of earnings order made by a magistrates' court, for enabling a single justice, on an application made by the debtor on the ground of a material change in his resources and needs since the order was made or last varied, to vary the order for a period of not more than four weeks by an increase of the protected earnings rate ;

(c) excluding, in the case of any such application as is referred to in paragraph (b) above, the operation of section 20(2) of the Act of 1958 (which requires applications to be made by complaint).

This subsection is without prejudice to any other power to make rules of court.

(4) Where an attachment of earnings order has been made and the person to whom it is directed ceases to have the debtor in his employment, the order shall lapse (except as respects deduction from earnings paid after the cesser and payment to the collecting officer of amounts deducted at any time) and be of no effect unless and until the court again directs it to a person (whether the same as before or another) who appears to the court to have the debtor in his employment.

(5) The lapse of an order under subsection (4) above shall not prevent its being treated as remaining in force for other purposes.

(6) Where an attachment of earnings order—

(a) ceases to have effect under section 9(2) of the Act of 1958 (registration of related maintenance order, committal of debtor for arrears, etc.) or under section 17 of this Act; or

(b) is discharged under this section,

the person to whom the order has been directed shall not incur any liability in consequence of his treating the order as still in force at any time before the expiration of seven days from the date when the notice required by the said section 9(2) or section 17 or, as the case may be, a copy of the discharging order is served on him.

(7) Where, in the case of an attachment of earnings order made otherwise than to secure maintenance payments, the whole amount payable under the relevant adjudication has been paid, and also any relevant costs, the court shall give notice to the employer that no further compliance with the order is required

Application of sums received by collecting officer

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(1) Subject to subsection (3) below, the collecting officer to whom a person makes payments in compliance with an attachment of earnings order shall, after deducting such court fees, if any, in respect of proceedings for or arising out of the order, as are deductible from those payments, deal with the sums paid in the same way as he would if they had been paid by the debtor to satisfy the relevant adjudication.

(2) Any sums paid to the collecting officer under an attachment of earnings order made to secure maintenance payments shall, when paid to the person entitled to receive those payments, be deemed to be payments made by the debtor (with such deductions, if any, in respect of income tax as the debtor is entitled or required to make) so as to discharge—

(a) first, any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date); and

(b) secondly, any costs incurred in proceedings relating to the related maintenance order which were payable by the debtor when the attachment of earnings order was made or last varied.

(3) Where a county court makes an attachment of earnings order to secure the payment of a judgment debt and also, under section 29(1) of this Act, orders the debtor to furnish to the court a list of all his creditors, sums paid to the collecting officer in compliance with the attachment of earnings order shall not be dealt with by him as mentioned in subsection (1) above, but shall be retained by him pending the decision of the court whether or not to make an administration order and shall then be dealt with by him as the court may direct.

Power of court to obtain statements of earnings etc.

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(1) Where in any proceedings a court has power to make an attachment of earnings order, it may—

(a) order the debtor to give to the court, within a specified period, a statement signed by him of—

(i) the name and address of any person by whom earnings are paid to him ;

(ii) specified particulars as to his earnings and anticipated earnings, and as to his resources and needs; and

(iii) specified particulars for the purpose of enabling the debtor to be identified by any employer of his;

(b) order any person appearing to the court to have the debtor in his employment to give to the court, within a specified period, a statement signed by him or on his behalf of specified particulars of the debtor's earnings and anticipated earnings.

(2) Where an attachment of earnings order has been made, the court may at any time thereafter while the order is in force make such an order as is described in subsection (1)(a) or (b) above.

(3) In the case of an application to a magistrates' court for an attachment of earnings order, or for the variation or discharge of such an order, the power to make an order under subsection (1) or (2) above shall be exercisable also, before the hearing of the application, by a single justice.

(4) Without prejudice to subsections (1) to (3) above, rules of court may provide that where notice of an application for an attachment of earnings order is served on the debtor, it shall include a requirement that he shall give to the court, within such period and in such manner as may be prescribed, a statement in writing of the matters specified in subsection (1)(a) above and of any other prescribed matters which are, or may be, relevant under section 15 of this Act to the determination of the normal deduction rate and the protected earnings rate to be specified in any order made on the application.

(5) In any proceedings in which a court has power to make an attachment of earnings order, and in any proceedings for the making, variation or discharge of such an order, a document purporting to be a statement given to the court in compliance with an order under subsection (1)(a) or (b) above, or with any such requirement of a notice of application for an attachment of earnings order as is mentioned in subsection (4) above, shall, in the absence of proof to the contrary, be deemed to be a statement so given and shall be evidence of the facts stated therein.

Obligation of debtor and his employers to notify changes of employment and earnings

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While an attachment of earnings order is in force—

(a) the debtor shall from time to time notify the court in writing of every occasion on which he leaves any employment or becomes employed or re-employed not later (in each case) than seven days from the date , on which he did so ;

(b) the debtor shall, on any occasion when he becomes employed or re-employed, include in his notification under paragraph (a) above particulars of his earnings and anticipated earnings from the relevant employment ; and

(c) any person who becomes the debtor's employer and knows that the order is in force and by what court it was made shall, within seven days of his becoming the debtor's employer or of acquiring that knowledge (whichever is the later) notify that court in writing that he is the debtor's employer, and include in his notification a statement of the debtor's earnings and anticipated earnings.

Power of court to determine whether particular payments are earnings

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(1) Where an attachment of earnings order is in force, the court shall, on the application of a person specified in subsection (2) below, determine whether payments to the debtor of a particular class or description specified by the application are earnings for the purposes of the order; and the employer shall be entitled to give effect to any determination for the time being in force under this section.

(2) The persons referred to in subsection (1) above are—

(a) the employer;

(b) the debtor;

(c) the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court); and

(d) without prejudice to paragraph (c) above, where the application is in respect of an attachment of earnings order made to secure payments under a magistrates' court maintenance order, the collecting officer.

(3) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments of the class or description specified by the application which are made by him to the debtor while the application, or any appeal in consequence thereof, is pending; but this subsection shall not, unless the court otherwise orders, apply as respects such payments if the employer subsequently withdraws the application or, as the case may be, abandons the appeal.

Consolidated orders

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(1) The powers of a county court under sections 13 and 14 of this Act shall include power to make an attachment of earnings order to secure the payment of any number of judgment debts; and the powers of a magistrates' court under those sections shall include power to make an attachment of earnings order to secure the discharge of any number of such liabilities as are specified in section 13(4).

(2) An attachment of earnings order made by virtue of this section shall be known as a consolidated attachment order.

(3) The power to make a consolidated attachment order shall be exercised subject to and in accordance with rules of court; and rules made for the purposes of this section may provide—

(a) for the transfer from one court to another—

(i) of an attachment of earnings order, or any proceedings for or arising out of such an order ; and

(ii) of functions relating to the enforcement of any liability capable of being secured by attachment of earnings;

(b) for enabling a court to which any order, proceedings or functions have been transferred under the rules to vary or discharge an attachment of earnings order made by another court and to replace it (if the court thinks fit) with a consolidated attachment order;

(c) for the cases in which any power exercisable under this section or the rules may be exercised by a court of its own motion or on the application of a prescribed person;

(d) for requiring the clerk or registrar of a court who receives payments made to him in compliance with an attachment of earnings order, instead of complying with section 19 of this Act, to deal with them as directed by the court or the rules; and

(e) for modifying or excluding provisions of this Part of this Act, section 9 or 20 of the Act of 1958 or Part III of the Act of 1952, but only so far as may be necessary or expedient for securing conformity with the operation of rules made by virtue of paragraphs (a) to (d) of this subsection.

(4) Subsection (3) above is without prejudice to any other power to make rules.

Provisions as to persons employed under the Crown

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(1) The fact that an attachment of earnings order is made at the suit of the Crown shall not prevent its operation at any time when the debtor is in the employment of the Crown.

(2) Where a debtor is in the employment of the Crown and an attachment of earnings order is made in respect of him, then for the purposes of this Part of this Act—

(a) the chief officer for the time being of the department, office or other body in which the debtor is employed shall be treated as having the debtor in his employment (any transfer of the debtor from one department, office or body to another being treated as a change of employment); and

(b) any earnings paid by the Crown or a Minister of the Crown, or out of the public revenue of the United Kingdom, shall be treated as paid by the said chief officer.

(3) If any question arises, in proceedings for or arising out of an attachment of earnings order, as to what department, office or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, the question shall be referred to and determined by the Minister for the Civil Service; but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by the court.

(4) A document purporting to set out a determination of the said Minister under subsection (3) above and to be signed by an official of the Civil Service Department shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed to contain an accurate statement of such a determination unless the contrary is shown.

(5) This Part of this Act shall have effect notwithstanding any enactment passed before this Act and preventing or avoiding the attachment or diversion of sums due to a person in respect of service under the Crown, whether by way of remuneration, pension or otherwise.

Enforcement provisions

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(1) If, after being served with notice of an application to a county court for an attachment of earnings order or for the variation of such an order, the debtor fails to attend on the day and at the time specified for any hearing of the application, the court may adjourn the hearing and order him to attend at a specified time on another day; and if the debtor—

(a) fails to attend at that time on that day ; or

(b) attends, but refuses to be sworn or give evidence,

he may be ordered by the judge to be imprisoned for not more than fourteen days.

(2) Subject to this section, a person commits an offence if—

(a) being required by section 16(1) or 18(2) of this Act to comply with an attachment of earnings order, he fails to do so ; or

(b) being required by section 16(2) of this Act to give a notice for the purposes of that subsection, he fails to give it, or fails to give it within the time required by that subsection ; or

(c) he fails to comply with an order under section 20(1) of this Act or with any such requirement of a notice of application for an attachment of earnings order as is mentioned in section 20(4), or fails (in either case) to comply within the time required by the order or notice; or

(d) he fails to comply with section 21 of this Act; or

(e) he gives a notice for the purposes of section 16(2) of this Act, or a notification for the purposes of section 21 thereof, which he knows to be false in a material particular or recklessly gives such a notice or notification which is false in a material particular ; or

(f) in purported compliance with section 16(2) or 21 of this Act, or with an order under section 20(1) thereof, or with any such requirement of a notice of application for an attachment of earnings order as is mentioned in section 20(4), he makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular.

(3) Where a person commits an offence under subsection (2) above in relation to proceedings in, or to an attachment of earnings order made by, the High Court or a county court, he shall be liable on summary conviction to a fine of not more than £25 or he may be ordered by a judge of the High Court or the county court judge (as the case may be) to pay a fine of not more than £25 or, in the case of an offence specified in subsection (4) below, to be imprisoned for not more than fourteen days; and where a person commits such an offence otherwise than as mentioned above in this subsection, he shall be liable on summary conviction to a fine of not more than £25.

(4) The offences referred to above in the case of which a judge may impose imprisonment are—

(a) an offence under subsection (2)(c) or (d), if committed by the debtor;

(b) an offence under subsection (2)(e) or (f), whether committed by the debtor or any other person.

(5) It shall be a defence—

(a) for a person charged with an offence under subsection (2)(a) above to prove that he took all reasonable steps to comply with the attachment of earnings order in question;

(b) for a person charged with an offence under subsection (2)(b) above to prove that he did not know, and could not reasonably be expected to know, that the debtor was not in his employment or (as the case may be) had ceased to be so and that he gave the required notice as soon as reasonably practicable after the fact came to his knowledge.

(6) Where a person is convicted or dealt with for an offence under subsection (2)(a) above, the court may order him to pay, to whoever is the collecting officer of the court for the purposes of the attachment of earnings order in question, any sums deducted by that person from the debtor's earnings and not already paid to the collecting officer.

(7) Where under this section a person is ordered by a judge of the High Court or a county court judge to be imprisoned, the judge may at any time revoke the order and, if the person is already in custody, order his discharge.

(8) Any fine imposed by a judge of the High Court under subsection (3) above and any sums ordered by the High Court to be paid under subsection (6) above shall be recoverable in the same way as a fine imposed by that court in the exercise of its jurisdiction to punish for contempt of court; section 179 of the County Courts Act 1959 (enforcement of fines) shall apply to payment of a fine imposed by a county court judge under subsection (3) and of any sums ordered by a county court judge to be paid under subsection (6); and any sum ordered by a magistrates' court to be paid under subsection (6) shall be recoverable as a sum adjudged to be paid on a conviction by that court.

(9) For the purposes of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), subsection (3) above shall be treated as an enactment enabling the High Court or a county court to deal with an offence under subsection (2) above as if it were contempt of court.

(10) In this section references to proceedings in a court are to proceedings in which that court has power to make an attachment of earnings order or has made such an order.

Meaning of " earnings "

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(1) For the purposes of this Act, but subject to the following subsection, " earnings " are any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);

(b) by way of pension (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment).

(2) The following shall not be treated as earnings:—

(a) sums payable by any public department of the Government of Northern Ireland or of a territory outside the United Kingdom;

(b) pay or allowances payable to the debtor as a member of Her Majesty's forces ;

(c) pension, allowances or benefit payable under any of the enactments specified in Schedule 6 to this Act (being enactments relating to social security);

(d) pension or allowances payable in respect of disablement or disability;

(e) wages payable to a person as a seaman, other than wages payable to him as a seaman of a fishing boat.

(3) In subsection (2)(e) above, expressions used in the Merchant Shipping Act 1894 have the same meanings as in that Act.

Consequential amendments of 1958 Act

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

(3) In section 1 of the Act of 1958 (introductory provisions setting out the scheme of Part I as respects registration in one court of a maintenance order made by another), after subsection (1) there shall be inserted the following subsection:—

(1A) In the following provisions of this Act “maintenance order” means any order specified in Schedule 8 to the Administration of Justice Act 1970.

Other provisions for interpretation of Part II

28

(1) In this Part of this Act, except where the context otherwise requires—

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

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

“High Court maintenance order”, “county court maintenance order” and . . . mean respectively a maintenance order enforceable by the High Court, a county court . . . ;

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

“maintenance order” means any order, decision, settlement or instrument specified in Schedule 8 to this Act and includes one which has been dischargedor has otherwise ceased to operate, if any arrears are recoverable thereunder;

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

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

Supplementary

Extension of county court's power to make administration order

29

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

(5) In Part VII of the said Act of 1959 (administration orders)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential and transitional provisions

30

Part III — Discovery and Related Procedures

Power of court to order disclosure, etc. of documents before commencement of proceedings

31

On the application, in accordance with rules of court, of a person who appears to the High Court to be likely to be a party to subsequent proceedings in that court in which a claim in respect of personal injuries to a person or in respect of a person’s death is likely to be made, the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—

(a) to disclose whether those documents are in his possession, custody or power ;and

(b) to produce to the applicant such of those documents as are in his possession,custody or power.

Extension of existing powers of court to order disclosure of documents, inspection of property, etc.

32

(1) On the application,in accordance with rulesof court,of a party to any proceedings in which a claim in respect of personal injuries to a person or in respect of a persons’ death is made,the High Court shall,in such circumstances as may be specified in the rules,have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have or to have had in his possession,custody or powerany documents which are relevant to an issue arising out of that claim—

(a) to disclose whether those documents are in his possession,custody or power; and

(b) to produce to the applicant such of those documents as are in his possession,custody or power.

(2) On the application,in accordance with rules of court, of a party to any such proceedingas are refered to in subsection (1) above,the High Court shall, in such circumstances as may be specified in the rules,have power to make an order providing for any one or more of the following matters,that is to say—

(a) the inspection,photographing,preservation,custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings;

(b) the taking of samples of any such property as is mentioned in paragraph (a) above and the carrying out of any experiment on or with any such property.

(3) The foregoing provisions of this section are without predudice to the exercise by the High Court of any power to make orders which is exercisable apart from those provisions.

(4) In this section “property” includes any land,chattel or other corporeal property of any description.

Provisions supplementary to ss. 31 and 32

33

(1) The power to make rules of court under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925 shall include power to make rules of court as to the circumstances of in which an order under section 31 or 32 of this Act can be made;and any such rules may include such incidental,supplementary and consequential provisions as the authority making the rules may consider necessary or expedient.

(2) Without prejudice to the generality of subsection (1) above, rules of court shall be made under the said section 99 for the purpose of ensuring that the costsof and incidental to proceedings for an order under section 31 or 32 of this Act incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.

(3) In this Part of this Act “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

Application of ss. 31 to 33 to county courts and High Court in Northern Ireland

34

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

(2) In the application of the provisions of this Part of this Act to Northern Ireland, “the High Court” means the High Court of Justice in Northern Ireland, the reference in section 33(1) to section 99 of the Supreme Court of Judicature (Consolidation) Act 1925 shall be construed as a reference to section 55 of the Judicature (Northern Ireland) Act 1978, and subsection (1) above shall be omitted.

Application to Crown

35

(1) This Part of this Act shall bind the Crown.

(2) Section 21 of the Administration of Justice Act 1969 (power of court to order inspection, custody, etc. of property pending commencement of action) shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

(3) A court shall not make an order under section 31 or 32 of this Act, nor an order under section 21 of the said Act of 1969, if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.

(4) In this section references to the Crown do not include references to Her Majesty in Her private capacity nor to Her Majesty in right of Her Duchy of Lancaster, nor to the Duke of Cornwall.

Part IV — Actions by Mortgagees for Possession

Additional powers of court in action by mortgagee for possession of dwelling-house

36

(1) Where the mortgagee under a mortgage of land which consists of or includes a dwelling-house brings an action in which he claims possession of the mortgaged property, not being an action for foreclosure in which a claim for possession of the mortgaged property is also made, the court may exercise any of the powers conferred on it by subsection (2) below if it appears to the court that in the event of its exercising the power the mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage or to remedy a default consisting of a breach of any other obligation arising under or by virtue of the mortgage.

(2) The court—

(a) may adjourn the proceedings, or

(b) on giving judgment, or making an order, for delivery of possession of the mortgaged property, or at any time before the execution of such judgment or order, may—

(i) stay or suspend execution of the judgment or order, or

(ii) postpone the date for delivery of possession,

for such period or periods as the court thinks reasonable.

(3) Any such adjournment, stay, suspension or postponement as is referred to in subsection (2) above may be made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedying of any default as the court thinks fit.

(4) The court may from time to time vary or revoke any condition imposed by virtue of this section.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the application of this section to Northern Ireland, “the court” means a judge of the High Court in Northern Ireland, and in subsection (1) the words from “not being” to “made” shall be omitted.

Exclusive jurisdiction of county court in certain mortgage actions

37

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

Further provisions as to actions in county court for possession of mortgaged land

38

(1) If an action in which the mortgagee under a mortgage of land claims possession of the mortgaged property would, by virtue of section 48 of the County Courts Act 1959, be within the jurisdiction of a county court had that claim been the only claim made in the action, a county court shall have jurisdiction to hear and determine the action notwithstanding that a claim for payment by the mortgagor of the amount owing in respect of the mortgage is also made in the action and that by reason of the amount claimed the last-mentioned claim is not within the jurisdiction of a county court.

(2) Nothing in subsection (1) above shall be taken as empowering a county court to hear and determine an action for foreclosure or sale which is not within the jurisdiction of a county court.

(3) Without prejudice to section 102(3)(c) of the County Courts Act 1959 (which enables county court rules to authorise the registrar to hear and determine certain proceedings and actions), the registrar of a county court may hear and determine any action in which the mortgagee under a mortgage of land claims possession of the mortgaged land, being an action which is within the jurisdiction of a county court.

Interpretation of Part IV

39

(1) In this Part of this Act—

“dwelling-house” includes any building or part thereof which is used as a dwelling;

“mortgage” includes a charge and “mortgagor” and “mortgagee” shall be construed accordingly;

“mortgagor” and “mortgagee” includes any person deriving title under the original mortgagor or mortgagee.

(2) The fact that part of the premises comprised in a dwelling-house is used as a shop or office or for business, trade or professional purposes shall not prevent the dwelling-house from being a dwelling-house for the purposes of this Part of this Act.

Part V — Miscellaneous Provisions

Punishment for unlawful harassment of debtors

40

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—

(a) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(b) of the enforcement of any liability by legal process.

(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than level 5 on the standard scale.

Recovery of costs and compensation awarded by magistrates, assizes, quarter sessions, etc.

41

(1) In the cases specified in Part I of Schedule 9 to this Act (being cases where, in criminal proceedings, a court makes an order against the accused for the payment of costs, compensation, etc.) any sum required to be paid by such an order as is there mentioned shall be treated, for the purposes of collection and enforcement, as if it had been adjudged to be paid on a conviction by a magistrates’ court, being—

(a) where the order is made by a magistrates’ court, that court; and

(b) in any other case, such magistrates’ court as may be specified in the order.

(2) In the cases specified in Part II of the said Schedule (being cases where a court makes an order against the prosecutor in criminal proceedings, and certain cases where an order for costs arises out of an appeal to the Crown Court in proceedings which are not criminal) any sum required to be paid by such an order as is there mentioned shall be enforceable as if the order were for the payment of money recoverable summarily as a civil debt.

(3) Without prejudice to the foregoing subsections, but subject to subsection (4) below, in the cases specified in Schedule 9 to this Act any sum required to be paid by such an order as is there mentioned shall be enforceable by the High Court or a county court (otherwise than by issue of a writ of fieri facias or other process against goods or by imprisonment or attachment of earnings) as if the sum were due in pursuance of a judgment or order of the High Court or county court as the case may be.

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

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 32(2) of the Courts-Martial (Appeals) Act 1968 (enforcement of order for costs against unsuccessful appellant or applicant for leave to appeal to that court), for paragraph (a) there shall be substituted the following:—

(a) in the same manner as an order for costs made by the criminal division of the Court of Appeal under section 25 of the Criminal Appeal Act 1968 ; or

(8) Subject to subsection (8A) below, where in the case specified in paragraph 10 of Schedule 9 to this Act the Crown Court thinks that the period for which the person subject to the order is liable apart from this subsection to be committed to prison for default under the order is insufficient, it may specify a longer period for that purpose; and then, in the case of default—

(a) the specified period shall be substituted as the maximum for which the person may be imprisoned under section 76 of the Magistrates’ Courts Act 1980; and

(b) paragraph 2 of Schedule 4 to that Act shall apply, with any necessary modifications, for the reduction of the specified period where, at the time of the person’s imprisonment, he has made part payment under the order.

(8A) The Crown Court may not specify under subsection (8) above a period of imprisonment longer than that which it could order a person to undergo on imposing on him a fine equal in amount to the sum required to be paid by the order.

(9) Where a magistrates’ court has power to commit a person to prison for default in paying a sum due under an order enforceable as mentioned in this section, the court shall not exercise the power unless it is satisfied that all other methods of enforcing payment have been tried or considered and either have proved unsuccessful or are likely to do so.

Enforcement of fines

42

Procedure for recovery of legal aid contributions in criminal cases

43

Interest on judgment debts

44

(1) The Lord Chancellor may by order made with the concurrence of the Treasury direct that section 17 of the Judgments Act 1838 (as that enactment has effect for the time being whether by virtue of this subsection or otherwise) shall be amended so as to substitute for the rate specified in that section as the rate at which judgment debts shall carry interest such rate as may be specified in the order.

(2) An order under this section shall be made by statutory instrument which shall be laid before Parliament after being made.

Removal of limit on number of county court judges assignable to a district and of certain registrars appointed jointly

45

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

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputy county court registrar not to act as such in certain proceedings

46

Extension of power to make rules, etc. for purposes of Rent Act 1968 (c. 23)

47

Variation in rate of payments in maintenance order registered in magistrates' court

48

(1) Section 4 of the Maintenance Orders Act 1958 (which enables the rate of payments in a maintenance order registered in a magistrates’court under that Act to be varied by the court of registration) shall be amended in accordance with this section.

(2) Subsection (3) of that section (rate of payments not to be varied upwards) shall cease to have effect in relation to any maintenance order as defined by section 28(1) of this Act, whether made or registered before or after the coming into force of this section.

(3) In subsection (4) of that section (power of magistrates’ court, on application for variation, to remit to the court which made the order), for the words “that, by reason of the limitations imposed on the court’s jurisdiction by the last foregoing subsection or for any other reason, it is” there shall be substituted the words “that it is for any reason”.

Amendments relating to guardianship of minors

49

Proof of age before magistrates

50

Minor amendments of Children and Young Persons Act 1969 (c. 54)

51

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

(2) The following paragraph shall be inserted after paragraph 1 of Schedule 4 to the Act of 1969 (transitional provisions and savings)—

(1A) (1) Where— (a) before the date when section 1 of this Act comes into force any child or young person (hereafter in this paragraph referred to as “the relevant infant”) has been brought before a juvenile court under section 62 of the Children and Young Persons Act 1933 or has been brought before such a court by virtue of a provision of section 40 or 40A of the Education Act 1944; and (b) immediately before that date that court has neither made any order which it had power to make in respect of the relevant infant under the said section 62 nor dismissed the case, nothing in paragraph 13 of Schedule 5 to this Act nor in any provision of Schedule 6 thereto shall prevent the proceedings before that court in respect of the relevant infant being continued ; but the court shall in those proceedings have power to make any order which it has power to make in proceedings under section 1 of this Act and shall not have power to make any other order, and subsections (3), (4) and (5) of the said section 1 and subsections (10) and (13) of section 2 of this Act shall have effect accordingly with aqny necessary modifications. (2) For the purposes of subsection (12) of the said section 2, any order made in respect of the relevant infant by virtue of sub-paragraph (1) of this paragraph shall be deemed to be made under section 1 of this Act. (3) Any record of a finding of the fact that the relevant infant is in need of care or protection made in pursuance of section 5 of the Children and Young Persons Act 1938 in any such proceedings as are referred to in sub-paragraph (1) of this paragraph shall, notwithstanding the repeal of the said section 5 by this Act, be admissible as evidence of that fact in those proceedings.

(3) In this section . . . and “the Act of 1969” mean respectively . . . and the Children and Young Persons Act 1969.

Part VI — General

Financial provisions

52

There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums payable under any other enactment out of moneys so provided.

Powers of Parliament of Northern Ireland

53

Citation, interpretation, repeals, commencement and extent

54

(1) This Act may be cited as the Administration of Justice Act 1970.

(2) References in this Act to any enactment include references to that enactment as amended or extended by or under any other enactment, including this Act.

(3) The enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

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

(5) Except insofar as it amends, or authorises the amendment of, any enactment which extends to Scotland, this Act shall not extend to Scotland.

(6) This section (except subsection (3)) and the following provisions only of this Act extend to Northern Ireland, that is to say—

(a) sections 1(6) . . . and Schedules 2 . . . , so far as they relate to any enactment which extends to Northern Ireland . . . ;

(b) Part III; and

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

SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Business at first instance

Proceedings consisting of a matrimonial cause, or any matter arising out of or connected with such a cause; proceedings for a decree of presumption of death and dissolution of marriage ; and any other proceedings with respect to which rules of court may be made by virtue of section 7(1) of the Matrimonial Causes Act 1967.

Proceedings for a declaration—

Proceedings in relation to the wardship of minors.

Proceedings under the Adoption Acts 1958 and 1968.

Proceedings under the Guardianship of Infants Act 1886 and 1925 and otherwise in relation to the guardianship of minors, except proceedings for the appointment of a guardian of a minor's estate alone.

Proceedings under section 3 of the Marriage Act 1949 for obtaining the court's consent to the marriage of a minor.

Proceedings under section 17 of the Married Women's Property Act 1882 (determination of title to property in dispute between spouses).

Proceedings in which a parent or guardian of a minor applies for a writ of habeas corpus ad subjiciendum relative to the custody, care or control of the minor.

Proceedings under the following enactments:—

Proceedings under section 1 of the Matrimonial Homes Act 1967 (means whereby a spouse can continue in occupation of, or obtain entry to, a dwelling-house which is, or has been, the matrimonial home).

Appellate business

Proceedings on appeal under—

Proceedings on appeal from a magistrates' court under section 10 of the Adoption Act 1958 against the making of, or refusal to make, an adoption order.

Proceedings on appeal from a magistrates' court under section 4(7) of the Maintenance Orders Act 1958 against the variation of, or refusal to vary, an order registered in accordance with the provisions of that Act.

Proceedings on appeal under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) from an order or decision of a magistrates' court under section 54(3) of the Magistrates' Courts Act 1952 where the order or decision was made to enforce an order of such a court under the Guardianship of Infants Acts 1886 and 1925 or the Matrimonial Proceedings (Magistrates' Courts) Act 1960.

Proceedings on appeal by case stated against an order or determination of a court of quarter sessions, or a magistrates' court, made or given in affiliation proceedings. Proceedings on appeal by case stated against an order or determination of a magistrates' court with regard to the enforcement of—

Proceedings on appeal by case stated against an order or determination of a magistrates' court under section 24 of the Matrimonial Causes Act 1965 (alteration of maintenance agreement between spouses).

SCHEDULE 2

THE COURT OF PROBATE ACT (IRELAND) 1859 (22 and 23 Vict. c. 31)

1

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

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

2

In section 1 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (provisions for registration and enforcement of maintenance orders made overseas), in subsection (2), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.

THE ADMINISTRATION OF ESTATES ACT 1925 (c. 23)

3

In section 23 of the Administration of Estates Act 1925 (grant of representation in the case of settled land), in subsections (3) and (4), for the words “Principal Probate Registry” substitute the words “principal registry of the Family Division of the High Court”.

4

In section 47A of the said Act of 1925 (life interest of surviving spouse on an intestacy), in subsection (7), for the words “principal probate registrar” substitute the words “principal registrar of the Family Division of the High Court”.

5

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

The Supreme Court of Judicature (Consolidation) Act 1925 (c. 49)

6

In the following provisions of the Supreme Court of Judicature (Consolidation) Act 1925, for the words “Probate, Divorce and Admiralty Division” or “Probate Division”, in each place where they occur, substitute the words “Family Division”:—

7

In section 5 of the said Act of 1925 (power to alter divisions by Order in Council), in subsection (1), for the words “on a report or reccomendation of the council of judges of the Supreme Court assembled in persuance of the provisions of Part Xof this Act”, substitute the words “on a recommendation of the Lord Chancellor, the Lord Cheif Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor”

8

In section 56 of the said Act of 1925 (allocations of business to divisions)—

9

For section 107 of the said Act of 1925 (principal probate registry) substitute—

(107) The principal registry of the Family Division, for the purpose of non-contentious or common form probate business, shall remain in London, unless Her Majesty by Order in Council appoints some other place for it.

10

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

11

In Schedule 3 to the said Act of 1925, Part I (officers to whom special provisions as to appointment, retirement and pension apply), after the words “Assistant Master of the Supreme Court (King’s Bench Division)” insert the words “Admiralty Registrar”.

12

In the following provisions of the said Act of 1925, for the words “the principal probate registry”, in each place where they occur, substitute the words “the principal registry of the Family Division”:—

13

In section 157 of the said Act of 1925 (copies of wills to be delivered to Commissioners of Inland Revenue), for the words “every probate registry” substitute the words “the principal registry of the Family Division and every district probate registry”.

14

In the following provisions of the said Act of 1925, for the words “the principal probate registrar”, in each place where they occur, substitute the words “the principal registrar of the Family Division”:—

15

In section 167 of the said Act of 1925 (administration bonds), in subsection (1), for the words from “senior” to “principal probate registrar”, where last occurring, substitute the words “principal registrar of the Family Division and, subject to the provisions of this section, if that registrar” ; and in subsection (4), for the words “the principal probate registrar” substitute the words “the principal registrar of the Family Division or, before the coming into force of section 1 of the Administration of Justice Act 1970, the principal probate registrar”.

THE INHERITANCE (FAMILY PROVISION) ACT 1938 (c. 45)

16

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

THE ADMINISTRATION OF JUSTICE (PENSIONS) ACT 1950 (14 & 15 Geo. 6 c. 11)

17

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

The Supreme Court Officers (Pensions) Act 1954 (c. 38)

18

In section 2 of the Supreme Court Officers (Pensions) Act 1954 (judges’ secretaries and clerks), in subsections (2), (5) and (6), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.

The Public Records Act 1958 (c. 51)

19

In section 8 of the Public Records Act 1958 (deposit and custody of court records), in subsection (5), for the words “Probate Division” substitute the words “Family Division”.

The Judicial Pensions Act 1959 (c. 9)

20

In Schedule 1 to the Judicial Pensions Act 1959 (judicial offices qualifying for pension at rates set out in section 1) for the words “Probate, Divorce and Admiralty Division” substitute the words “Probate, Divorce and Admiralty, or Family Division”.

The County Courts Act 1959 (c. 22)

21

In section 42 of the County Courts Act 1959 (jurisdiction by agreement in certain actions) for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction”.

22

At the end of section 54(2) of the said Act of 1959 (transfer of equity proceedings from High Court to county court) insert the words “other than a matter in relation to which section 63 of this Act applies”.

23

In section 62(1) of the said Act of 1959 (probate jurisdiction) and section 63 thereof (transfer of probate proceedings from High Court to county court), for the words “principal probate registry”, in each place where they occur, substitute the words “principal registry of the Family Division”.

24

In section 64 of the said Act of 1959 (effect of order of judge in probate proceedings), in paragraph (a), after the word “principal” insert the words “registry of the Family Division” ; and, in paragraph (b), for the words “principal probate registry” substitute the words “principal registry of the Family Division”.

THE JUDGES' REMUNERATION ACT 1965 (c. 61)

25

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

The Matrimonial Causes Act 1967 (c. 56)

26

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

27

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

28

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

SCHEDULE 3

1

In this Schedule—

(a) “the Act” means the Arbitration Act 1950;

(b) “arbitration agreement” has the same meaning as in the Act; and

(c) “judge-arbitrator” and “judge-umpire” mean a judge of the Commercial Court appointed as arbitrator or, as the case may be, as umpire by or by virtue of an arbitration agreement.

2

In section 1 of the Act (authority of arbitrator to be irrevocable except by leave of the court), in its application to a judge-arbitrator or judge-umpire, the Court of Appeal shall be substituted for the High Court.

3

The power of the High Court under section 7 of the Act (vacancy among arbitrators supplied by parties) to set aside the appointment of an arbitrator shall not be exercisable in the case of the appointment of a judge-arbitrator.

4

Section 8(3) of the Act (power of High Court to order umpire to enter immediately on reference as sole arbitrator) shall not apply to a judge-umpire; but a judge-umpire may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, enter on the reference in lieu of the arbitrators and as if he were the sole arbitrator.

5

(1) The powers conferred on the High Court or a judge thereof by section 12(4), (5) and (6) of the Act (summoning of witnesses, interlocutory orders, etc.) shall be exercisable in the case of a reference to a judge-arbitrator or judge-umpire as in the case of any other reference to arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.

(2) Anything done by an arbitrator or umpire in the exercise of powers conferred by this paragraph shall be done by him in his capacity as judge of the High Court and have effect as if done by that court; but nothing in this paragraph prejudices any power vested in the arbitrator or umpire in his capacity as such.

6

Section 13(2) and (3) of the Act (extension of time for making award; provision for ensuring that reference is conducted with reasonable dispatch) shall not apply to a reference to a judge-arbitrator or judge-umpire; but a judge-arbitrator or judge-umpire may enlarge any time limited for making his award (whether under the Act or otherwise), whether that time has expired or not.

7

(1) Section 18(4) of the Act (provision enabling a party in an arbitration to obtain an order for costs) shall apply, in the the case of a reference to a judge-arbitrator, with the ommission of the words from “within fourteen days” to “may direct”.

(2) The power of the High Court to make declarations and orders for the purposes of section 18(5) of the Act (charging order for solicitor’s costs) shall be exercisable in the case of an arbitration by a judge-arbitrator or judge-umpire as in the case of any other arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.

(3) A declaration or order made by an arbitrator or umpire in the exercise of the power conferred by the last foregoing subparagraph shall be made by him in his capacity as judge of the High Court and have effect as if made by that court.

8

(1) Section 19 of the Act (power of the High Court to order delivery of award on payment of arbitrators’fees into court) shall not apply with respect to the award of a judge-arbitrator or judge-umpire.

(2) A judge-umpire may withhold his award until the fees payable to the arbitrators have been paid into the High Court.

(3) Arbitrators’fees paid into court under this paragraph shall be paid out in accordance with rules of court, subject to the right of any party to the reference to apply (in accordance with the rules) for any fee to be taxed, not being a fee which has been fixed by written agreement between him and the arbitrator.

(4) A taxation under this paragraph may be reviewed in the same manner as a taxation of the costs of an award.

(5) On a taxation under this paragraph, or on a reveiw thereof, an arbitrator shall be entitled to appear and be heard.

9

(1) In sections . . . , 22 and 23 of the Act (special case, remission and setting aside of awards, etc.), in their application to a judge-arbitrator or judge-umpire, and to a reference to him and to his award thereon, the Court of Appeal shall be substituted for the High Court.

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

10

(1) Section 24(2) of the Act (removal of issue of fraud for trial in the High Court) shall not apply to an agreement under or by virtue of which a judge-arbitrator or judge-umpire has been appointed; nor shall leave be given by the High Court under that subsection to revoke the authority of a judge-arbitrator or judge-umpire.

(2) Where, on a reference of a dispute to a judge-arbitrator or judge-umpire, it appears to the judge that the dispute involves the question whether a party to the dispute has been guilty of fraud, he may, so far as may be necessary to enable that question to be determined by the High Court, order that the agreement by or by virtue of which he was appointed shall cease to have effect and revoke his authority as arbitrator or umpire.

(3) An order made by a judge-arbitrator or judge-umpire under this paragraph shall have effect as if made by the High Court.

11

Section 25 of the Act (powers of court on removal of arbitrator or revocation of arbitration agreement) shall be amended as follows:—

(a) after the words “the High Court” where they first occur in subsection (1), where they occur for the first and second time in subsection (2), and in subsections (3) and (4), there shall be inserted the words “or the Court of Appeal”; and

(b) after those words where they occur for the second time in subsection (1) and for the third time in subsection (2) there shall be inserted the words “or the Court of Appeal, as the case may be”.

12

The leave required by section 26 of the Act (enforcement in High Court) for an award on an arbitration agreement to be enforced as mentioned in that section may, in the case of an award by a judge-arbitrator or a judge-umpire, be given by the judge-arbitrator or judge-umpire himself.

SCHEDULE 4

1

Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the Taxes Management Act 1970.

2

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

3

Contributions equivalent premiums under Part III of the Pension Schemes Act 1993

4

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

SCHEDULES 5–7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART I — Scheme of Deductions

Preliminary definitions

1

The following three paragraphs have effect for defining and explaining, for purposes of this Schedule, expressions used therein.

2

" Pay-day ", in relation to earnings paid to a debtor, means an occasion on which they are paid.

3

" Attachable earnings", in relation to a pay-day, are the earnings which remain payable to the debtor on that day after deduction by the employer of—

(a) income tax ;

(b) contributions under any of the following enactments—

the National Insurance Act 1965,

the National Insurance (Industrial Injuries) Act 1965, or

the National Health Service Contributions Act 1965 ;

(c) amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme within the meaning of the Wages Councils Act 1959.

4

On any pay-day—

(a) "the normal deduction" is arrived at by applying the normal deduction rate (as specified in the relevant attachment of earnings order) with respect to the period since the last pay-day or, if it is the first pay-day of the debtor's employment with the employer, since the employment began; and

(b) " the protected earnings" are arrived at by applying the protected earnings rate (as so specified) with respect to the said period.

Employer's deduction (judgment debts and administration orders)

5

In the case of an attachment of earnings order made to secure the payment of a judgment debt or payments under an administration order, the employer shall on any pay-day—

(a) if the attachable earnings exceed the protected earnings, educt from the attachable earnings the amount of the excess or the normal deduction rate, whichever is the less ;

(b) make no deduction if the attachable earnings are equal to, or less than, the protected earnings.

Employer's deduction (other cases)

6

(1) The following provision shall have effect in the case of an attachment of earnings order to which paragraph 5 above does not apply.

(2) If on a pay-day the attachable earnings exceed the sum of—

(a) the protected earnings ; and

(b) so much of any amount by which the attachable earnings on any previous pay-day fell short of the protected earnings as has not been made good by virtue of this sub-paragraph on another previous pay-day,

then, in so far as the excess allows, the employer shall deduct from the attachable earnings the amount specified in the following sub-paragraph.

(3) The said amount is the sum of—

(a) the normal deduction ; and

(b) so much of the normal deduction on any previous pay-day as was not deducted on that day and has not been paid by virtue of this sub-paragraph on any other previous pay-day.

(4) No deduction shall be made on any pay-day when the attachable earnings are equal to, or less than, the protected earnings.

PART II — Priority as between Orders

7

Where the employer is required to comply with two or more attachment of earnings orders in respect of the same debtor, all or none of which orders are made to secure either the payment of judgment debts or payments under an administration order, then on any pay-day the employer shall, for the purpose of complying with Part I of this Schedule.—

(a) deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with ;

(b) deal with any later order as if the earnings to which it relates were the residue of the debtor's earnings after the making of any deduction to comply with any earlier order.

8

Where the employer is required to comply with two or more attachment of earnings orders, and one or more (but not all) of those orders are made to secure either the payment of judgment debts or payments under an administration order, then on any pay-day the employer shall, for the purpose of complying with Part I of this Schedule—

(a) deal first with any order which is not made to secure the payment of a judgment debt or payments under an administration order, (complying with paragraph 7 above if there are two or more such orders); and

(b) deal thereafter with any order which is made to secure the payment of a judgment debt or payments under an administration order as if the earnings to which it relates were the residue of the debtor's earnings after the making of any deduction to comply with an order having priority by virtue of sub-paragraph (a) of this paragraph ; and

(c) if there are two or more orders to which sub-paragraph (b) of this paragraph applies, comply with paragraph 7 above in respect of those orders.

SCHEDULE 6

SCHEDULE 7

PART I — Amendments of Sections 9 and 20

1

In this Part of this Schedule " the Act" means the Maintenance Orders Act 1958.

2

In section 9(2) of the Act—

(a) after " order " (where that word first occurs) insert " made to secure maintenance payments "; and

(b) after " order " (where that word first occurs after paragraph (e)) insert " so made ".

3

In section 9(4) and (5) of the Act, for " defendant" (wherever that word occurs) substitute " debtor ".

4

In section 9(4) of the Act—

(a) for the words from the beginning to " a county court" substitute " Where, in the case of an attachment of earnings order made by the High Court or a county court to secure maintenance payments, it appears to the collecting officer of the court ".

(b) for the words from " which made that order " to the end of paragraph (ii) substitute " shall make the appropriate variation order, unless the debtor requests it to discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request ".

5

In section 9(5) of the Act—

(a) for the words from the beginning to " a magistrates' court" substitute " Where, in the case of an attachment of earnings order made by a magistrates' court to secure maintenance payments, it appears to the collecting officer ".

(b) for the words from " proceed under the following paragraph " to the end of the subsection substitute " discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request ".

6

In section 20 of the Act—

(a) in subsection (1), after " anything in this Act" insert " or Part II of the Administration of Justice Act 1970 " and for paragraph (b) substitute—

(b) apply for an attachment of earnings order to secure payments under the maintenance order or (except as required by section 9(5) of this Act) an order discharging or varying such an attachment of earnings order ; or (c) apply for a determination under section 22 of the Administration of Justice Act 1970

;

(b) at the beginning of subsection (2) insert " Subject to rules of court made by virtue of section 18(3)(c) of the Administration of Justice Act 1970 ".

(c) in subsection (3), after " magistrates' court" (where those words occur for the second time) insert " to secure maintenance payments ".

(d) for subsection (4)(a) substitute—

(a) the power to make an order in pursuance of a complaint by the debtor for an attachment of earnings order, or the discharge or variation of such an order, shall be deemed to be a power to make an order against the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court)

;

(e) in subsection(4)(b), for " paragraph (b) of section seven of this Act " substitute " section 14(4)(b) of the Administration of Justice Act 1970 " and for " defendant " substitute " debtor " ; and

(f) for subsection (5) substitute—

(5) An application to a magistrates' court for a determination under section 22 of the Administration of Justice Act 1970 shall be made by complaint; and on making a determination under that section a magistrates' court may in its discretion make such order as it thinks just and reasonable for the payment by any of the persons mentioned in subsection (2) of that section of the whole or any part of the costs of the determination (but subject to subsection (1)(ii) of this section); and costs ordered to be paid under this subsection shall— (a) in the case of costs to be paid by the debtor to the person in whose favour the attachment of earnings order in question was made, be deemed to be— (i) if the attachment of earnings order was made to secure maintenance payments, a sum due under the related maintenance order, and (ii) otherwise, a sum due to the clerk of the court; and (b) in any other case, be enforceable as a civil debt.

PART II — Sections 9 and 20 as amended

SCHEDULE 8

1

An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

2

An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).

3

An order for maintenance or other payments to or in respect of a spouse or child being an order made, under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978.

4

An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.

5

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

6

An order

(a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or

(b) made under . . . section 23 of the Ministry of Social Security Act 1966 . . .section 18 of the Supplementary Benefits Act 1976or section 24 of the Social Security Act 1986or section 106 of the Social Security Administration Act 1992 (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

7

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

8

An order to which section 16 of the Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.

9

A maintenance order within the meaning of the Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.

SCHEDULE 9

Part I — Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistrates

1

Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor.

2

Where an appellant to the Crown Courtagainst conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

Costs awarded by assizes and quarter sessions

3

Where a person appeals to the Crown Courtagainst conviction or sentence by a magistrates’ court, and the Crown Courtmakes an order as to costs to be paid by him.

4

Where a person is prosecuted or tried on indictment . . . before the Crown Courtand is convicted, and the court makes an order as to costs to be paid by him.

5

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

Costs awarded by Court of Appeal (criminal division) or House of Lords

6

Where the criminal division of the Court of Appeal makes an order as to costs to be paid by—

(a) an appellant;

(b) an applicant for leave to appeal to that court; or

(c) in the case of an application for leave to appeal to the Supreme Court, an applicant who was the appellant before the criminal division.

7

Where the criminal division of the Court of Appeal or the House of Lords dismisses an application for leave to appeal to that House (being an application made by the person who was the appellant before the criminal division) and orders him to pay the whole or part of the costs of the application.

Criminal costs awarded by High Court

8

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

Miscellaneous orders for costs, compensation, damages etc.

9

Where a court makes an order by virtue of regulations made under section 19(5) of the Prosecution of Offences Act 1985 for the payment of costs by an offender.

10

Where under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation.

11

Where under section 11(2) of the Criminal Justice Act 1948 a court, on making a probation order or an order for conditional discharge, or on discharging an offender absolutely, orders the offender to pay damages for injury or compensation for loss.

12

Where under section 137 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders any fine, . . . compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person.

Part II — Cases where costs enforceable summarily as civil debt

Costs awarded by magistrates

13

Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

14

Where an appellant to the Crown Court from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

15

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

Costs awarded by assizes and quarter sessions

16

Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.

17–20

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

18

Where a person is prosecuted or tried on indictment or inquisition before a court of assize or quarter sessions and is acquitted, and the court orders the prosecutor to pay the whole or part of the costs incurred in or about the defence.

19

Where a person is committed for trial and is not ultimately tried, and the court to which he is committed orders the prosecutor to pay to him the whole or part of the costs incurred in or about the defence.

20

Where the prosecutor is ordered by quarter sessions to pay costs, under powers exercisable by virtue of section 14(2) or (3) of the Costs in Criminal Cases Act 1952 (committal or appeal to quarter sessions under Vagrancy Act 1824).

Criminal costs awarded by High Court

21

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

SCHEDULE 10

General provisions as to enforcement

1

In this Schedule "collecting court" and "legal aid contribution order " have the same meaning as in section 43 of this Act.

2

The collecting court may, in relation to a legal aid contribution order, exercise the powers of section 63 of the Magistrates' Courts Act 1952 (power to dispense with immediate payment); and for the purposes of that section any provision made by the court which made the order as to time for payment, or payment by instalments, shall be treated as made by the collecting court.

3

Sections 74 (complaint for arrears), 75 (effect of committal on arrears) and 76 (power to remit arrears) of the Magistrates' Courts Act 1952 shall apply as if a legal aid contribution order were enforceable as an affiliation order.

4

Any costs awarded, under section 55 of the Magistrates' Courts Act 1952, on the hearing of a complaint for the enforcement of a legal aid contribution order shall be enforceable as a sum required to be paid by that order.

5

Sections 17 and 18 of the Maintenance Orders Act 1958 (not more than one committal for same arrears, and power to review committals) shall apply as if a legal aid contribution order were a maintenance order.

6

Section 68 of the Magistrates' Courts Act 1952 (application of money found on defaulter to satisfy sum adjudged) shall apply as if a legal aid contribution order were enforceable as an affiliation order.

Transfer of enforcement proceedings to different court

7

(1) Where it appears to the collecting court that a person subject to a legal aid contribution order is residing in a petty sessions area other than that for which the court acts, the court may make a transfer order under this paragraph, that is to say an order making payment under the legal aid contribution order enforceable in that other petty sessions area (which area shall be specified in the transfer order).

(2) As from the date of a transfer order under this paragraph the court which made the order shall cease to be the collecting court for the purposes of the legal aid contribution order and of section 43 of this Act and this Schedule and be replaced as such by a magistrates' court acting for the petty sessions area specified in the transfer order.

Schedule 11

Redistribution of business among divisions of the High Court.

38A

This Part of this Act shall not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the Consumer Credit Act 1974.

44A

(1) Where a judgment is given for a sum expressed in a currency other than sterling and the judgment debt is one to which section 17 of the Judgments Act 1838 applies, the court may order that the interest rate applicable to the debt shall be such rate as the court thinks fit.

(2) Where the court makes such an order, section 17 of the Judgments Act 1838 shall have effect in relation to the judgment debt as if the rate specified in the order were substituted for the rate specified in that section.

The Administration of Estates Act 1925 (c.23)

References to Probate Division and its President

Other amendments in Parts I to V

Amendments of references in Part VII to principal probate registry and registrar

The County Courts Act 1959 (c.22)

3A

Class 1, 2 and 4 contributions under Part I of the Social Security Contributions and Benefits Act 1992.

2A

An order for periodical or other payments made, or having effect as if made, under Pt. II of the Matrimonial Causes Act 1973.

10

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

11

A maintenance order within the meaning of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I.

12

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

13

A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.

13A

A maintenance judgment within the meaning of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters , as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62), which is registered in a magistrates’ court under that Regulation.

14

An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.

15

An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.

1A

Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

4A

Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

Where under section 5 of the Isle of Wight County Council Act 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section.

Costs awarded by Court of Appeal (criminal division)

16A

Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the Supreme Court, an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

SCHEDULE 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c9991681]: Act not in force at Royal Assent see s. 54(4); Act wholly in force 1.10.1971

[^c9991691]: By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

[^c9991701]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9991711]: Words “that is” to “other” repealed (E.W.), by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9991731]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9991741]: S. 2(5) repealed by Statute Law (Repeals) Act 1977(c. 18), s. 1(1), Sch. 1 Pt.XIX

[^c9991751]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9991791]: S. 4 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with ss. 1, 2, 5, 81, 84, 93(6), 94, 95, 106); S.I. 1996/3146, arts. 3, 4, Sch. 2

[^c9991801]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9991811]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9991831]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c20838071]: S. 10(1)-(1B) substituted for s. 10(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 66(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[^c9991851]: Word substituted by Patents Act 1977 (c. 37), Sch. 5 para. 5(1)

[^c9991871]: Words repealed by Patents Act 1977 (c. 37), Sch. 6

[^c9991881]: 1949 c. 88.

[^c9991891]: Words substituted by Patents Act 1977 (c. 37), Sch. 5 para. 5(2)

[^c9991901]: 1969 c. 58.

[^c20838101]: S. 10(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 66(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[^c9991911]: The text of ss. 10(5), 41(7), 48, 51(2), 54(3) are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9991921]: Word inserted by Social Security Act 1973 (c. 38, SIF 113: 1), Sch. 27 para. 85

[^c9991931]: S. 12 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 9

[^c9991941]: Ss. 13–26, 27(1)(2), 28(2)–(5), 29(1)–(4), repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45), s. 29(2), Sch. 6

[^c9991951]: The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9991961]: Ss. 13–26, 27(1)(2), 28(2)–(5), 29(1)–(4), repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45), s. 29(2), Sch. 6

[^c9991971]: Definitions repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 9

[^c9991981]: Definitions repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

[^c9992051]: Ss. 13–26, 27(1)(2), 28(2)–(5), 29(1)–(4), repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45), s. 29(2), Sch. 6

[^c9992061]: The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9992071]: Ss. 13–26, 27(1)(2), 28(2)–(5), 29(1)–(4), repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45), s. 29(2), Sch. 6

[^c9992091]: S. 29(5)(b) repealed by Insolvency Act 1976 (c.60, SIF 66), s. 14(4), Sch. 3

[^c9992101]: S. 30 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

[^c9992111]: Ss. 31–33, 35 repealed (so far as they relate to the High Court and county courts in England and Wales) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992121]: Ss. 31–33, 35 repealed (so far as they relate to the High Court and county courts in England and Wales) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992131]: Ss. 31–33, 35 repealed (so far as they relate to the High Court and county courts in England and Wales) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992141]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992151]: 1925 c. 49.

[^c9992161]: Words substituted (N.I) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II (1), Sch. 6 para. 13

[^c9992171]: Ss. 31–33, 35 repealed (so far as they relate to the High Court and county courts in England and Wales) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992181]: 1969 c. 58.

[^c9992191]: s. 36 extended by Administration of Justice Act 1973 (c. 15), ss. 8, 21(2)(b)

[^c20837281]: S. 36(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 12

[^c9992201]: Ss. 37, 38, 45(2) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c9992211]: S. 38A inserted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 Pt. I para. 30

[^c9992221]: 1974 c. 39.

[^c20838781]: S. 40(3A) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(1), Sch. 2 para. 13 (with reg. 28(2)(3))

[^c9992231]: Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 37, 38, 46

[^c9992431]: S. 41 should have effect as if a new paragraph relating to the Isle of Wight County Council Act 1971 (c. lxxi), s. 5(9)(e) were inserted in Sch. 9 Pt. I of this 1970 Act

[^c9992441]: S. 41 extended (1.7.1991) by S.I. 1991/724, art. 2(1) (with art. 12) S. 41 applied (15.8.2002) by S.I. 2002/1998, art. 17(13) (with art. 33)

[^c9992451]: Words substituted by Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

[^c9992461]: S. 41(4)(4A) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt. I (with art. 12)

[^c20837291]: S. 41(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

[^c9992481]: S. 41(6) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 9

[^c9992491]: The text of ss. 10(5), 41(7), 48, 51(2), 54(3) are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9992501]: 1968 c. 20

[^c9992511]: S. 41(8)(8A): by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 106, (which was brought into force 12.10.1988) s. 41(8)(8A) are expressed to be substituted for s. 41(8) and by s. 170(2), Sch. 16 of that Act (the relevant part of which was brought into force 3.4.1989) s. 41(8) is expressed to be repealed, and by Criminal Justice Act 1991 (c. 53, 39:1), s. 23(3) (with s. 28) and S.I. 1992/333, art. 2(2), Sch.2 the relevant entry in Sch. 16 is repealed with retrospective effect (1.10.1992); the text of s. 41(8)(8A) as so substituted is set out above

[^c9992521]: 1980 c.43 (82).

[^c9992531]: Ss. 41(6), 42 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 9

[^c9992541]: S. 43 repealed by Legal Aid Act 1974 (c. 4, SIF 77), s. 42(1), Sch. 5 Pt. I

[^c9992551]: 1838 c. 110.

[^c9992561]: S. 44A inserted (1.11.1996) by 1995 c. 42, s. 1(1)(2); S.I. 1996/2515, art. 2

[^c9992571]: S. 45(1) repealed by Courts Act 1971 (c. 23, SIF 37), s. 56(4), Sch. 11 Pt. IV

[^c9992581]: Ss. 37, 38, 45(2) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c9992591]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9992601]: S. 46 repealed by Administration of Justice Act 1973 (c. 15, SIF 37), s. 19(1), Sch. 5 Pt. VI

[^c9992611]: S. 47 repealed by Rent Act 1977 (c. 42, SIF 75:3), s. 155(5), Sch. 25

[^c9992621]: The text of ss. 10(5), 41(7), 48, 51(2), 54(3) are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9992631]: S. 49 repealed by Guardianship of Minors Act 1971 (c. 3), s. 18(2), Sch. 2

[^c9992641]: Ss. 50, 51(1) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

[^c9992651]: Ss. 50, 51(1) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

[^c9992661]: The text of ss. 10(5), 41(7), 48, 51(2), 54(3) are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9992671]: Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9

[^c9992691]: 1969 c. 54.

[^c9992701]: S. 53 repealed by Northern Ireland Constitution Act 1973 (c. 36), s.41(1), Sch. 6 Pt. I

[^c9992711]: The text of ss. 10(5), 41(7), 48, 51(2), 54(3) are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c20837751]: S. 54(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

[^c9992731]: Words repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

[^c20837761]: Words in s. 54(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

[^c9992751]: Words inserted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 Pt. I para. 31

[^c9992761]: Words repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I

[^c9992771]: Words repealed by Administration of Estates Act 1971 (c. 25), s. 12(3), Sch. 2 Pt. I

[^c9992781]: Ss. 1(1)–(4), (5), (7)(8), 2(1)–(3), (4) 3, 5, 6, 9, 45(3), Sch. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37),s. 152(4), Sch. 7

[^c9992801]: Sch. 2 para. 1 repealed by Administration of Estates Act 1971 (c. 25), s. 12(3), Sch. 2 Pt. I

[^c9992811]: Sch. 2 para. 5 repealed (1.7.1995) by 1994 c. 36, s. 21(2), Sch. 2 (with s. 20); S.I. 1995/1317, art. 2

[^c9992821]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992841]: Sch. 2 para. 10 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

[^c11081261]: S. 34(1), Sch. 2 paras. 6-9, 11-15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992831]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992871]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992881]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992891]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992901]: Sch. 2 para. 16 repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), Sch.

[^c9992911]: Sch. 2 para. 17 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(2), Sch. 4

[^c9992861]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992921]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992931]: S. 34(1), Sch. 2 paras. 6–9, 11–15, 18, 20 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c9992951]: Sch. 2 para. 22 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 and also expressed to be repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c9992961]: Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c9992941]: Sch. 2 paras. 21, 23, 24 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c9992971]: Sch. 2 para. 25 repealed by Administration of Justice Act 1973 (c. 15, SIF 37),Sch. 5 Pt. IV

[^c20837781]: Sch. 2 para. 26 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}

[^c9992981]: Sch. 2 para. 27 repealed by Matrimonial Clauses Act 1973 (c. 18, SIF 49:3), Sch. 3

[^c20837791]: Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4, Pt. 12}

[^c9992791]: The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9993001]: Sch. 3 repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with ss. 1, 2, 5, 81, 84, 93(6), 94, 95, 106); S.I. 1996/3146, arts. 3, 4, Sch. 2

[^c9993051]: 1970 c. 9.

[^c9993061]: Sch. 4 para. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

[^c9993101]: Words in Sch. 4 para. 3 substituted (6.4.1997) by 1995 c. 26, s. 151, Sch. 5 para. 2; S.I. 1997/664, art. 2(3)

[^c9993111]: 1993 c. 48.

[^c9993121]: Words in Sch. 4 para. 3 substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 8 para. 2; S.I. 1994/86, art. 2

[^c9993141]: 1992 c. 6.

[^c9993151]: Words in Sch. 4 para. 3A substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992, c. 6, ss. 4, 7(2), Sch. 2 para. 6

[^c9993161]: Words repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I

[^c9993171]: Schs.5–7 repealed by Attachment of Earnings Act 1971 (c. 32, SIF 45:1), s, 29(2), Sch. 6

[^c9993181]: 1965 c. 72.

[^c9993191]: Sch. 8 para. 2A inserted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 10(2)

[^c9993201]: 1973 c. 18.

[^c9993211]: Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(3), Sch. 2 para. 26

[^c9993221]: 1978 c. 22.

[^c9993301]: Sch. 8 para. 4 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 37(1); S.I. 1991/1883, art.3, Sch.

[^c9993311]: Sch. 8 para. 5 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 27(b), Sch. 3 paras. 1, 6, Sch. 4

[^c9993421]: Words in Sch. 8 para. 6 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 6(1); S.I. 1991/1883, art. 3, Sch.

[^c9993431]: Word repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

[^c9993441]: Words inserted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

[^c9993451]: Word in Sch. 8 para. 6 omitted (1.7.1992) by virtue of Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.7

[^c9993461]: Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 para. 42(b)

[^c9993471]: Words in Sch. 8 para. 6 inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 7

[^c20838801]: Sch. 8 para. 7 repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 15 Pt. 5; S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

[^c9993491]: Para. 8 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)

[^c9993501]: 1950 c. 37.

[^c9993511]: 1920 c. 33.

[^c9993521]: Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

[^c9993531]: Sch. 8 para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 6

[^c9993541]: 1972 c. 18.

[^c9993561]: Sch. 8 para. 12 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 37(2), Sch.20; S.I. 1991/1883, art.3, Sch.

[^c9993571]: Sch. 8 para. 13 inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 5

[^c9993581]: Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8

[^c20838731]: Words in Sch. 8 para. 13A inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 5, Sch. para. 6(2)

[^c9993591]: Sch. 8 para. 14 inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 8

[^c20837831]: Sch. 8 para. 15 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 para. 34, S.I. 2005/3175, {art. 2(2)}

[^c9993611]: Sch. 9 Para. 1A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(2)

[^c9993621]: Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

[^c9993631]: Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

[^c9993651]: Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65, Sch. 13

[^c9993661]: Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

[^c9993671]: Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(3)

[^c9993681]: Sch. 9 para. 4A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(4)

[^c9993691]: Sch. 9 para. 5 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

[^c9993701]: Sch. 9 para. 6 substituted for Sch. 9 paras.6, 7 by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(5)

[^c20838121]: Words in Sch. 9 para. 6(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

[^c9993711]: Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

[^c9993721]: Sch. 9 Para. 9 substituted by Costs in Criminal Cases Act 1973 (c. 14), Sch. 1 para. 6

[^c9993731]: Words substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(6)

[^c9993761]: Sch. 9 para. 10 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(1)(2)

[^c9993791]: Words in Sch. 9 para. 12 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 43(3)

[^c9993801]: Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

[^c9993811]: Sch. 9 Pt.I new paragraph inserted by Isle of Wight County Council Act 1971 (c. lxxi), s. 5(9)(e) (as amended by and set out in Isle of Wight Act 1990 (c. iv), s. 5, Sch.) for the purposes of s.41

[^c9993821]: 1971 c.lxxi.

[^c20837891]: Sch. 9 Pt. 1 para. 13 inserted after para. 12 (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(3), 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)

[^c9993831]: Sch. 9 para. 13 substituted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(7)

[^c9993841]: Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 60(3)

[^c9993851]: Sch. 9 para. 15 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt. II para. 7(8), Sch. 2

[^c9993861]: Sch. 9 para. 16 substituted for paras. 16–20 by Courts Act 1971 (c. 23), Sch. 8 para. 60(4)

[^c20838141]: Words in Sch. 9 para. 16A substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 22; S.I. 2009/1604, art. 2(d)

[^c9993881]: Sch. 9 paras 17–20 repealed as provided in the Chronological Table of Statutes

[^c9993891]: Sch. 9 paras. 8, 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV

[^c9993871]: Sch. 9 para. 16A inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 7(9)

[^c9993601]: Sch. 9 extended by Courts Act 1971 (c. 23), s. 50(5)

[^c9993901]: Sch. 10 repealed by Legal Aid Act 1974 (c. 4), s. 42(1), Sch. 5 Pt. I

[^c9993911]: The text of ss. 27, 29, Sch. 2, Sch. 11 are in the form in which they were originally enacted: they were not reproduced in Statutes in Force and, except as specified, do not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c9993921]: Sch. 11 entries relating to ss. 6, 9, 10, of the Guardianship of Infants Act 1886 repealed by Guardianship of Minors Act 1971(c. 3), s. 18(2), Sch. 2

[^c9993011]: 1950 c. 27.

[^c9993021]: Sch. 3 para. 7(2) amended (1.1.1992) by S.I. 1991/2684, arts. 2, 4, Sch.1

[^c9993031]: Words repealed by Arbitration Act 1979 (c. 42, SIF 5), s. 8(3)(c)

[^c9993041]: Sch. 3 para. 9(2) repealed by Arbitration Act 1979 (c. 42, SIF 5), s. 8(3)(c)

[^key-e4f03cde1afaa859be9324eaf3b85885]: Sch. 8 para. 13B inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 3(3)

[^key-b3d8f86c995789d41b3821e6f3b1bc2d]: Words in s. 28(1) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 3(2)(a)

[^key-224e6fc83d908523ed7ca94c7a9c2d6e]: Word in s. 28(1) substituted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 3(2)(b)

[^key-761ecd14f7dc8392c5330131cba2fa25]: Words in s. 28(1) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 3(2)(c)

13

Where under section 161A of the Criminal Justice Act 2003 a court orders the payment of a surcharge.

13 13B

(1) A decision, court settlement or authentic instrument which falls to be enforced by a magistrates’ court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.

(2) In this paragraph—

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

“decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation.