← Current text · History

Administration of Justice Act 1973

Current text a fecha 2022-05-10

Part I — Justices of the Peace

Appointment of justices of the peace, and supplemental list

1

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

(9) There shall cease to have effect—

(a) section 1 of the Metropolitan Police Act 1829 in so far as ir regulates the appointment or removal of the Commissioner of Police of the Metropolis ; and

(b) so much of section 2 of the Metropolitan Police Act 1856 as provides for the Assistant Commissioners of Police of the Metropolis to be justices of the peasce ;

and the Commissioner of Police shall be appointed in like manner as Assistant Commissioners are under the said section 2 to be appointed.

Stipendiary magistrates

2

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

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

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

Courses of instruction for justices of the peace

3

Amendment as to right to practise of justices of the peace who are solicitors

4

Consequential

5

. . . Schedule 1 to this Act shall have effect; and the enactments specified in paragraph 10 of that Schedule shall have effect subject to the amendments specified in that paragraph.

Part II — Miscellaneous

Jurisdiction of county courts in relation to land

6

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

Extension of power to refer proceedings or questions arising in proceedings in county courts to arbitration or for inquiry and report

7

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

(2) In section 93 of that Act (which enables the judge to refer proceedings or questions arising in proceedings for inquiry and report) there shall be made the following amendments—

(a) in subsection (1), at the end, there shall be inserted the words “and, in such cases as may be prescribed by and subject to county court rules, the registrar may refer to a referee for inquiry and report any question arising in any proceedings.” ; and

(b) in subsection (2), after the word “judge”, there shall be inserted the words “or, as the case may be, the registrar”.

Extension of powers of court in action by mortgagee of dwelling-house

8

(1) Where by a mortgage of land which consists of or includes a dwelling-house, or by any agreement between the mortgagee under such a mortgage and the mortgagor, the mortgagor is entitled or is to be permitted to pay the principal sum secured by instalments or otherwise to defer payment of it in whole or in part, but provision is also made for earlier payment in the event of any default by the mortgagor or of a demand by the mortgagee or otherwise, then for purposes of section 36 of the Administration of Justice Act 1970 (under which a court has power to delay giving a mortgagee possession of the mortgaged property so as to allow the mortgagor a reasonable time to pay any sums due under the mortgage) a court may treat as due under the mortgage on account of the principal sum secured and of interest on it only such amounts as the mortgagor would have expected to be required to pay if there had been no such provision for earlier payment.

(2) A court shall not exercise by virtue of subsection (1) above the powers conferred by section 36 of the Administration of Justice Act 1970 unless it appears to the court not only that the mortgagor is likely to be able within a reasonable period to pay any amounts regarded (in accordance with subsection (1) above) as due on account of the principal sum secured, together with the interest on those amounts, but also that he is likely to be able by the end of that period to pay any further amounts that he would have expected to be required to pay by then on account of that sum and of interest on it if there had been no such provision as is referred to in subsection (1) above for earlier payment.

(3) Where subsection (1) above would apply to an action in which a mortgagee only claimed possession of the mortgaged property, and the mortgagee brings an action for foreclosure (with or without also claiming possession of the property), then section 36 of the Administration of Justice Act 1970 together with subsections (1) and (2) above shall apply as they would apply if it were an action in which the mortgagee only claimed possession of the mortgaged property, except that—

(a) section 36(2)(b) shall apply only in relation to any claim for possession; and

(b) section 36(5) shall not apply.

(4) For purposes of this section the expressions “dwelling-house”, “mortgage”, “mortgagee” and “mortgagor” shall be construed in the same way as for the purposes of Part IV of the Administration of Justice Act 1970.

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

(6) In the application of this section to Northern Ireland, subsection (3) shall be omitted.

Judicial salaries

9

(1) Subject to the following subsections, there shall be paid to—

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

(b) judges of the Court of Judicature in England and Wales other than the Lord Chancellor;

(d) judges of the Court of Judicature in Northern Ireland;

(e) District Judges (Magistrates’ Courts);

such salaries as may be determined, with the consent of the Minister for the Civil Service, by the Lord Chancellor or, in the case of judges of the Court of Session, by the Secretary of State.

(2) Until otherwise determined under this section, there shall be paid to the holders of judicial office mentioned in paragraphs (a) to (e) of subsection (1) above the same salaries as at the coming into force of this section.

(3) Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.

(3A) There may be paid to judges of the Court of Session such allowances as may be determined, with the consent of Treasury, by the Lord Chancellor.

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

(5) Salaries payable under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable under this section shall be charged on and paid out of the Consolidated Fund of the United Kingdom.

Judicial pensions (increase of widow's and children's pensions)

10

(1) The annual amount of the widow's, widower's or surviving civil partner's pension that may be granted under or by virtue of the Administration of Justice (Pensions) Act 1950 wholly or partly in respect of relevant service after the passing of this Act, and the annual amount of the children’s pension that may be so granted, shall be increased in accordance with this section; and where the widow's, widower's or surviving civil partner's pension or children’s pension (if any) that may be granted in respect of a person’s relevant service is so increased, there shall be made towards the cost of the liability therefor such contributions (in lieu of or in addition to that required by section 8 of the Act of 1950) as may be prescribed, in the form either of a reduction or further reduction of the lump sum pension benefit payable in respect of that service or of deductions from the salary so payable or partly in one of those forms and partly in the other.

(2) In the case of pensions attributable wholly to relevant service after the passing of this Act,—

(a) the annual amount of a widow's, widower's or surviving civil partner's pension may be one-half of the annual amount of the personal pension of the deceased; and

(b) subject to section 7(4) of the Act of 1950 (which makes provision for the case of effect of survivor's marriage or formation of a civil partnership), the annual amount of a children’s pension, while there is only one person for whose benefit it can enure, may amount—

(i) where the deceased left a spouse or civil partner and he or she is still alive, to one-quarter of the annual amount of the personal pension; and

(ii) in any other case, to one-third of the annual amount of the personal pension;

and while there are two or more persons for whose benefit it can enure, may amount to twice the figure given by whichever is applicable of sub-paragraphs (i) and (ii) above.

In section 7(4) of the Act of 1950 the reference to subsection (2) of that section shall include paragraph (b)(ii) of this subsection.

(3) Subject to subsection (4) below, in the case of pensions payable partly in respect of relevant service after the passing of this Act but not attributable wholly to that service, the annual value of the widow's, widower's or surviving civil partner's pension or children’s pension that may be granted shall be determined by reference to the proportions which the relevant service before and after that time bear to the whole of the relevant service, and shall be the amount obtained by adding—

(a) the part proportionate to the service before that time of the annual amount of the pension that might have been granted if this section had not been passed; and

(b) the part proportionate to the service after that time of the annual amount of the pension that might have been granted if this section had always had effect.

(4) In relation to persons serving at the passing of this Act provision may be made by regulations whereby, subject to any prescribed conditions, an election may be made by or with respect to a person—

(a) that subsection (2) above shall apply to him or her as if the whole of his or her relevant service were service after the passing of this Act, and subsection (3) shall not apply;

(b) that subsections (1) to (3) above shall not apply to him or her, and the Act of 1950 shall apply as if this section had not been passed;

(c) in the case of a person who elected under section 11(1) or (2) of the Act of 1950 for his or her eligibility for pension not to satisfy the conditions for the grant of a widow's, widower's or surviving civil partner's or children’s pension, that the election under that section shall be revoked.

(5) Where a person’s relevant service is partly before and partly after the passing of this Act, then for the purposes of this section any widow's, widower's or surviving civil partner's or children’s pension payable in respect of that service is to be regarded as attributable wholly to the service after that time if the service before that time does not add to the annual rate of the personal pension, and for the purposes of subsection (3) there shall be left out of account so much (if any) of the service before that time as does not add to the annual amount of the personal pension.

(6) Regulations made for purposes of this section may make provision for consequential or incidental matters, including provision excluding or modifying the operation of any enactment passed before this Act; and in particular any regulations providing for contributions by deduction from salary may make consequential provision as to sections 10 and 11 of the Act of 1950 and any other enactment referring or relating to lump sums payable under that Act.

(7) Regulations for purposes of this section may be made, with the concurrence of the Minister for the Civil Service, by the Lord Chancellor or, in relation to pensions for service in offices existing only in Scotland, by the Secretary of State; and the power to make regulations for purposes of this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) The foregoing provisions of this section shall have effect in relation to the enactments mentioned in Schedule 3 to this Act as they have effect in relation to the Act of 1950, but subject to the adaptations provided for by that Schedule; and provision corresponding to that which is made by subsections (1) and (3) above, or which may be made by regulations under this section for purposes of those subsections may, in relation to the pension benefits of any resident magistrate or county court registrar included in Schedule 5 to the Superannuation (Northern Ireland) Order 1972 (persons remaining subject to the Superannuation Acts (Northern Ireland) 1967 and 1969), be made by order of the Ministry of Finance for Northern Ireland.

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

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensions of higher judiciary

11

Retirement of higher judiciary in event of incapacity

12

(1) Where the Lord Chancellor is satisfied by means of a medical certificate that a person holding office . . . as judge of the Court of Judicature in Northern Ireland (other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) is disabled by permanent infirmity from the performance of the duties of his office, but is for the time being incapacitated from resigning it, then subject to subsection (4) below the Lord Chancellor may by instrument under his hand declare that person’s office to have been vacated, and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.

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

(3) A declaration under this section with respect to a judge of the Court of Judicature in England and Wales shall be of no effect unless it is made—

(a) in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor, with the concurrence of two others of them;

(b) in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;

(d) in the case of a puisne judge of the Chancery Division other than the Vice-Chancellor, with the concurrence of the Vice-Chancellor;

(e) in the case of a puisne judge of the Family Division, with the concurrence of the President of the Family Division.

(4) A declaration under this section with respect to a judge of the Court of Judicature of Northern Ireland shall be of no effect unless it is made with the concurrence of the Lord Chief Justice of Northern Ireland or, if made with respect to him, with that of the senior Lord Justice of Appeal.

Pension etc. of president of pensions appeal tribunals

13

Pensions of resident magistrates in Northern Ireland

14

(1) In the Residents Magistrates’ Pensions Act (Norther Ireland) 1960 the definition of “retiring salary” in section 22(1) shall be amended by omitting the word “average” and by substituting for the words “during the three years immediately preceding the date of his retirement” the words “immediately before his retirement”.

(2) This section shall not affect any pension or other benefit payable to or in respect of a person who retired or died before the coming into force of this section.

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

Qualification for appointment as deputy Circuit judge

15

Appointment of deputy district registrars of High Court and deputy county court registrars

16

(1) If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district registrar in any district registry of the High Court during such period or on such occasions as the Lord Chancellor thinks fit; and a deputy district registrar, while acting under his appointment, shall have the same powers as if he were the district registrar.

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

(7) After the coming into force of this section no further appointment shall be made of provisional district registrars or deputy district registrars under section 84 of the Court of Judicature(Consolidation) Act 1925 or section 11 of the Administration of Justice Act 1956, or of deputy county court registrars under section 27 of the County Courts Act 1959; and on the coming into force of this section any person then holding office as deputy district registrar or deputy county court registrar shall vacate that office, but so that subsections (4), (5) and (6) above shall thereafter apply to him as if he had been appointed under this section for a period then expiring.

Payment of interpreters in criminal cases (England and Wales)

17

Payment of interpreters in criminal cases (Northern Ireland)

18

(1) In the Costs in Criminal Cases Act (Northern Ireland) 1968, after section 5 thereof, there shall be inserted the following section—

(5A) Notwithstanding anything to the contrary contained in this Act, where in any criminal proceedings an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall, in accordance with rules made pursuant to section 7, be defrayed by the Ministry.

(2) Where in any of the following proceedings, that is to say,—

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

(b) any proceedings before . . . the High Court of Justice in Northern Ireland in a criminal cause or matter;

(c) any proceedings on an appeal to the Court of Judicature from a decision in proceedings within . . . (b) above or an application for leave to appeal from such a decision;

an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Department of Justice, up to an amount allowed by the High Court or (in the case of proceedings in the Court of Judicature) by the Court of Judicature.

In this subsection “defendant” means the person (whether convicted or not) who is alleged to be guilty of an offence.

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

Part III — Supplementary

Repeals

19

Commencement and transitional

20

(1) The following provisions shall have effect with respect to the coming into force of this Act:—

(a) Part I of this Act and the repeals made by Part II of Schedule 5 shall not come into force until the 1st April 1974 except in so far as provision to the contrary is made by order of the Lord Chancellor made by statutory instrument;

(b) sections 8, 17 and 18 shall not come into force until the expiration of one month beginning with the date this Act is passed ; and

(c) section 10 shall come into force on such day as may be appointed by order of the Lord Chancellor and the Secretary of State made by statutory instrument.

(2) Any order of the Lord Chancellor under subsection (1)(a) above may make such consequential or transitional provision as appears to the Lord Chancellor to be necessary by reason of the bringing into force thereby of any provisions before 1st April 1974 (and in particular may make any provision that may be required so that the provisions in force before that date may operate without the provisions not in force, or may operate as regards local government or other matters in conjunction with the law as it is before that date), and may adapt accordingly any reference in this Act to that date or to the beginning of that month.

(3) Notwithstanding subsection (1) above, section 1(1) to (3) of this Act shall apply to any commission of the peace issued or appointment of a justice made before the 1st April 1974 but taking effect only on or after that date; and, subject to section 217 of the Local Government Act 1972,—

(a) any other commission of the peace issued before that date, unless and until superseded by a commission taking effect on or after that date, shall thenceforth have effect as if addressed generally as required by section 1(1) above ; and

(b) any person holding office as justice of the peace on that date by virtue of any such commission shall thenceforth hold that office as if appointed in accordance with section 1(2), and shall be included accordingly in the records required by section 1(3) and (4).

(4) Where immediately before the 1st April 1974 a person's name is entered in the supplemental list kept in connection with any commission of the peace by virtue of section 4 of the Justices of the Peace Act 1949, his name shall be treated as included in the supplemental list for England and Wales under this Act.

(5) Any person who immediately before the 1st April 1974 holds office as stipendiary magistrate for any area under section 29 of the Justices of the Peace Act 1949 shall from the beginning of that month become stipendiary magistrate in any commission area comprising that area or part of it, and shall be treated for all purposes as if he had been appointed stipendiary magistrate in that commission area under section 2 above:

Provided that—

(a) his salary shall not be less than that payable to him immediately before that date ; and

(b) contributions to his superannuation allowance under Part I of Schedule 1 to this Act and to any derivative benefit within the meaning of the Administration of Justice (Pensions) Act 1950 shall be paid and borne as if this Act had not been passed and his service as stipendiary magistrate after the beginning of April 1974 had been service as a metropolitan stipendiary magistrate; and

(c) for the purposes of paragraph 1 of Schedule 1 to this Act the date of his appointment shall be taken to have been that of his appointment to the office held by him immediately before the beginning of that month.

(6) Nothing in Part I of this Act or in any repeal made by Part I or II of Schedule 5 shall affect—

(a) any superannuation or other benefits payable wholly in respect of service ending before 1st April 1974, or the person by whom or manner in which any such benefits are to be paid or borne ; or

(b) the division of any commission area into petty sessional divisions as existing at the beginning of that month ; or

but any such regulations shall thereafter have effect as if made under Part III of Schedule 1 to this Act.

Short title and extent

21

(1) This Act may be cited as the Administration of Justice Act 1973.

(2) The foregoing sections of this Act shall not extend to Scotland or to Northern Ireland except to the following extent, that is to say—

(a) sections 9 to 12 of this Act, and the repeals made by Parts IV and V of Schedule 5, shall extend to Scotland or to Northern Ireland in so far as they affect the law of Scotland or of Northern Ireland; and

(b) sections 8, 14 and 18 of this Act (together with so much of section 20(1) as relates to those sections) shall extend to Northern Ireland.

SCHEDULE 1

Part I — Retirement and Superannuation of Stipendiary Magistrates

1

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

2

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

3

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

Part II — Supplemental List for England and Wales

4

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

5

(1) A person's name shall be removed from the supplemental list if he ceases to be a justice of the peace.

(2) The name of any person, if not required to be entered in the supplemental list by paragraph 4(1) above, shall be removed from the list, if so directed by the Lord Chancellor or, where the person in question is a justice only for any of the counties of Greater Manchester, Merseyside and Lancashire, by the Chancellor of the Duchy of Lancaster.

6

(1) Subject to the following sub-paragraphs, a justice of the peace for any area, while his name is entered in the supplemental list, shall not by reason of being a justice for that area be qualified as a justice to do any act or to be a member of any committee or other body.

(2) Sub-paragraph (1) above shall not preclude a justice from doing all or any of the following acts as a justice, that is to say—

(a) signing any document for the purpose of authenticating another person's signature ;

(b) taking and authenticating by his signature any written declaration not made on oath ; and

(3) The entry of a person's name in the supplemental list shall also not preclude him, if so authorised by the Lord Chancellor, from acting as a judge of the Crown Court so long as he has not attained the age of 72 years.

(4) No act or appointment shall be invalidated by reason of the disqualification under this paragraph of the person acting or appointed.

7

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

Part III

8

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

Part IV — Amendments

9

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

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

10

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

(2) Subject to any express amendment or repeal made by this Act, any reference in the Metropolitan Police Act 1829 or in any other enactment passed before the Metropolitan Police Act 1856 to the justices appointed under the Metropolitan Police Act 1829 or to the Commissioners of Police of the Metropolis shall continue to have effect as a reference to the Commissioner of Police of the Metropolis.

11

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

12

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

SCHEDULE 2

Part I — Amendments as to Limit on Jurisdiction

Part II — Related Amendments

In the County Courts Act 1959—

SCHEDULE 3

1

The enactments in relation to which section 10 of this Act has effect by virtue of section 10(8) are—

(a) Part XIII of the County Courts Act (Northern Ireland) 1959 (relating to county court judges and clerks of the Crown and peace), in relation to which the references in section 10 of this Act to section 7(4), section 8 and section 11 (or sections 10 and 11) of the Act of 1950 shall be replaced, respectively, by references to section 126(4) of the County Courts Act (Northern Ireland) 1959, section 127 of that Act and section 13 of the Judicial Pensions Act (Northern Ireland) 1951;

(b) the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, in relation to which—

(i) subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and

(ii) the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 8(4) and section 9 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960;

(c) Part II of the Judicial Pensions Act (Northern Ireland) 1951 (relating, by virtue of later enactments, to the National Insurance Commissioners, the President of the Industrial Court and the President of the Industrial Tribunals), in relation to which—

(i) subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and

(ii) the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 10(4) and section 11 of the Judicial Pensions Act (Northern Ireland) 1951.

2

In relation to the provisions to which section 10 of this Act applies by virtue of paragraph 1(a) or of paragraphs 1(b) above references in section 10 to relevant service shall have effect as references to service within the meaning of those provisions.

3

In relation to any of the provisions to which section 10 of this Act applies by virtue of paragraph 1 above, the expression “enactment” in section 10(6) shall mean enactment of the Parliament of Northern Ireland or amendable by Act of that Parliament; and section 10(7) shall not apply, but regulations for purposes of section 10 may be made with the consent of the Ministry of Finance for Northern Ireland by the Ministry of Home Affairs for Northern Ireland or, in relation to the Judicial Pensions Act (Northern Irleand) 1951, the Department of Economic Development, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

SCHEDULE 4

1

(1) Any Lord of Appeal in Ordinary, any Judge of the Supreme Court in England and Wales other than the Lord Chancellor, and any Judge of the Supreme Court in Northern Ireland, on retirement from that office shall be entitled during his life to a pension at the annual rate provided by this Schedule, if he retires after fifteen years relevant service or after he has attained the age of seventy years, or if at the time of his retirement he is disabled by permanent infirmity from the performance of the duties of his office.

(2) A pension payable under this Schedule shall be charged on and paid out of the Consolidated Fund of the United Kingdom.

2

(1) Subject to paragraph 4 below, the annual rate of the pension payable under this Schedule to a person retiring from any office after fifteen or more years relevant service shall be one half of his last annual salary.

(2) Subject as aforesaid, the annual rate of the pension payable under this Schedule to a person retiring from any office after less than fifteen years relevant service shall be as follows, that is to say—

(a) if the period of relevant service does not amount to six years or more, one quarter of his last annual salary;

(b) if the period amounts to six years or more, one quarter of that salary plus one fortieth of that salary for each completed year of service exceeding five.

(3) This paragraph shall be without prejudice to the operation of the Pensions (Increase) Act 1971.

(4) In relation to any person in whose case an election is in force under section 11(1) of the Administration of Justice (Pensions) Act 1950 (which enabled persons serving at the commencement of that Act to opt out of the provisions of that Act for the grant of lump sums and widow's and children's pensions) this paragraph shall have effect as if for any reference to his last annual salary there were substituted a reference to the amount of that salary increased by one third.

3

The relevant service for purposes of this Schedule is—

(a) in relation to the pension of a Lord of Appeal in Ordinary, any service as Lord of Appeal in Ordinary, as Judge of the Supreme Court in England and Wales, as Judge of the Court of Session or as Judge of the Supreme Court in Northern Ireland ; and

(b) in relation to the pension of a Judge of the Supreme Court in England and Wales, any service as a judge of that Court or as Lord of Appeal in Ordinary ; and

(c) in relation to the pension of a Judge of the Supreme Court in Northern Ireland, any service as a judge of that Court or as Lord of Appeal in Ordinary.

4

(1) Neither this Schedule nor any repeal made by Part V of Schedule 5 to this Act shall affect the rate or amount of any pension or benefit payable to or in respect of a person who retired or died before the 17th December 1959 (being the date of commencement of the Judicial Pensions Act 1959) or who at that time held any of the offices mentioned in paragraph 3 above and did not elect that sections 1 and 2 of that Act should apply to him.

(2) This Schedule shall have effect subject to the provisions of sections 4 and 6 of the Judicial Pensions Act 1959 (which allow for a special rate of pension in certain cases and make provision against double pensions); but in that Act " the relevant pension enactments " in relation to pensions payable in respect of the offices mentioned in paragraph 1 above shall mean this Schedule, and in section 4(2) of that Act for the words " by virtue of subsection (2) of section 2 of this Act" there shall be substituted the words " by retirement after attaining the age of seventy years ".

(3) Subject to sub-paragraph (1) above, the Pensions (Increase) Act 1971 shall have effect as if in Schedule 2 there were substituted for paragraph 5—

(5) A pension payable under Schedule 4 to the Administration of Justice Act 1973 or under the Judges' Pensions (Scotland) Act 1808

SCHEDULE 5

PART I — Obsolete etc. Enactments

PART II — Justices of the Peace

PART III — County Court Jurisdiction

PART IV — Judicial Salaries

PART V — Judicial Pensions

PART VI — Deputy District and County Court Registrars

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

7A

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

7B

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

In the County Courts Act 1959—

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

Editorial notes

[^c8937541]: S. 1(1)—(8) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8937551]: “The said section 2” means Metropolitan Police Act 1856 (c. 2, SIF 95), s. 2

[^c8937561]: The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.

[^c8937571]: 1829 c. 44

[^c8937581]: 1856 c. 2.

[^c8937591]: S. 2(1)—(3) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8937601]: S. 2(4) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

[^c8937611]: S. 2(5)—(7) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8937621]: S. 3 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8937631]: S. 4 repealed by Solicitors Act 1974 (c. 47, SIF 76:1), Sch. 4

[^c8937651]: S. 5 substituted (19.6.1997) by virtue of 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 13(2) (with Sch. 4 para. 27)

[^c20840761]: Words in s. 5 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 167, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

[^c20840871]: S. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

[^c8937671]: S. 7 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c8937681]: S. 7(1) repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. VI

[^c8937691]: The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.

[^c8937701]: 1970 c. 31.

[^c8937711]: 1970 c. 31.

[^c20840901]: S. 8(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 12

[^c8937931]: By virtue of S.I. 1981/1670, arts. 2, 3(5), s. 9(1) has effect as if the reference to the Minister for the Civil Service were a reference to the Treasury

[^c20927591]: S. 9(1)(a) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 9(2), (Sch. 18 Pt. 5); S.I. 2009/1604, art. 2

[^c8937941]: S. 9(1)(b) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c20843071]: S. 9: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

[^c8937951]: S. 9(1)(c) modified (9.11.1998) by 1998 c. 42, ss. 18(4)(b), 22(2) (with ss. 7(8), 22(5))

[^c8937961]: S. 9(1)(c)(d) modified (27.9.1999) by 1999 c. 22, ss. 68(3)(a), 103(3)(b) (with Sch. 14 para. 7(2))

[^c8937971]: S. 9(1)(d) modified (9.11.1998) by 1998 c. 42, ss. 18(4)(c), 22(2) (with ss. 7(8), 22(5))

[^c8937991]: S. 9(1)(e) substituted for s. 9(1)(e)(f) (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 21 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3

[^c8938001]: S. 9(4) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 84(e), 125(6)(7), Sch. 19 para. 10(4), Sch. 20

[^c8938011]: Words in s. 9(5) inserted (12.4.2010) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 11; S.R. 2010/113, art. 2, Sch. para. 20(a)

[^c8938121]: S. 10(1)–(7), except as applied by subsection (8), repealed (with saving) by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 2 para. 18, Sch. 4

[^c20841041]: Words in s. 10(1) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(2)

[^c8938141]: 1950 c. 11 (14 & 15 Geo. 6).

[^c20841081]: Words in s. 10(2)(a) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(3)(a)

[^c20841111]: Words in s. 10(2)(b) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(3)(b)(i)

[^c8938191]: Words in s. 10(2)(b)(i) substituted (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 6 para. 10(1)(b)(ii) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

[^c20841131]: Words in s. 10(2)(b)(i) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(3)(b)(ii)

[^c20841151]: Words in s. 10(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(4)

[^c8938231]: Words in s. 10(4) inserted (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para. 10(1)(c)(i) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

[^c20841171]: Words in s. 10(4)(c) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(5)

[^c20841191]: Words in s. 10(5) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(6)

[^c8938321]: Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

[^c8938331]: S. 10(9) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

[^c8938341]: S. 11 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

[^c20842851]: Words in s. 12(1) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 19(3)(a)(i), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(e)(f)

[^c20843241]: S. 12: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

[^c8938381]: Words in s. 12(1) inserted (12.4.2010) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 12; S.R. 2010/113, art. 2, Sch. para. 20

[^c20842941]: Words in s. 12(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss.145, 148, Sch. 17 para. 19(3)(a)(ii); S.I. 2009/1604, art. 2(e)

[^c20842911]: S. 12(2) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 19(3)(b), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(e)(f)

[^c8938391]: S. 12(3) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c8938401]: S. 13 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

[^c8938411]: The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.

[^c8938421]: 1960 c. 2 (N.I.).

[^c8938431]: S. 14(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

[^c8938441]: S. 15 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c8938451]: S. 16(1) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c8938461]: S. 16(2)—(6) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c8938471]: S. 16(7) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^c8938481]: 1925 c. 49.

[^c20843331]: S. 16: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

[^c8938491]: 1956 c. 46.

[^c8938501]: S. 17 repealed by Prosecution of Offences Act 1985 (c. 23), s. 31(6), Sch. 2

[^c8938511]: The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.

[^c8938521]: S. 18(2)(a) repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5

[^c8938531]: Words repealed by Judicature (Northern Ireland) Act 1978 (c. 23), s. 123(2), Sch. 7 Pt. I

[^c20842981]: Words in s. 18(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 25; S.I. 2009/1604, art. 2(d)

[^c20843421]: S. 18: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

[^c8938541]: Words repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5

[^c20843461]: Words in s. 18(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. para. 12(2)

[^c20843031]: Words in s. 18(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 25; S.I. 2009/1604, art. 2(d)

[^c8938561]: S. 18(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

[^c8938571]: Ss. 19, 20 repealed by Statute Law Repeals Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

[^c8938581]: Sch. 1 para. 1 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8938591]: Sch. 1 para. 2 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

[^c8938601]: Sch. 1 para. 3 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

[^c8938611]: Sch. 1 paras. 4—6 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c20840781]: Sch 1 para. 7 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

[^c20840801]: Sch 1 para. 7A repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

[^c20840821]: Sch 1 para. 7B repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

[^c8938681]: Sch. 1 para. 8 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8938691]: Sch. 1 para. 9(1) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 1 para. 6, Sch. 3

[^c8938701]: Sch. 1 para. 9(2) repealed by Solicitors Act 1974 (c. 47, SIF 76:1), Sch. 4

[^c20840841]: Sch 1 para. 10(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)

[^c8938721]: 1829 c. 44(95).

[^c8938731]: 1856 c. 2(95).

[^c8938741]: “that section” means Metropolitan Police Act 1829 (c. 44, SIF 95), s. 1

[^c8938751]: Sch. 1 para. 11 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

[^c8938761]: Sch. 1 para. 12 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

[^c8938771]: Sch. 2 so far as it relates to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

[^c20840941]: Sch. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

[^c8938811]: 1959 c. 25 (N.I.)

[^c8938821]: 1951 c. 20 (N.I.)

[^c8938831]: 1960 c. 2 (N.I.)

[^c8938841]: 1960 c. 2 (N.I.)

[^c8938851]: 1951 c. 20 (N.I.)

[^c8938861]: 1951 c. 20 (N.I.)

[^c8938921]: Reference to the Ministry of Finance for Northern Ireland to be construed as reference to the Treasury by virtue of Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8; S.I. 1973/2163, art. 5(1)(c), Sch. 2 and S.I. 1981/1670, arts. 2(1)(c), 3(5)

[^c8938931]: Reference to the Ministry of Home Affairs for Northern Ireland to be construed as reference to the Lord Chancellor by virtue of Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8 and S.I. 1973/2163, art. 3, Sch. 2

[^c8938941]: 1951 c. 20 (N.I.)

[^c8938951]: Words in Sch. 3 para. 3 substituted (31.3.1995) by virtue of 1993 c. 8, s. 51(3), Sch. 8 para. 10(2); S.I. 1995/631, art. 2.

[^c8938961]: 1954 c. 33 (N.I.)

[^c8938971]: Sch. 4 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

[^c8938981]: Sch. 5 repealed by Statute Law Repeals Act 1989 (c. 43), s. 1, Sch. 1 Pt. I

[^c8938781]: The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.

[^c8938791]: 1959 c. 22.

[^c8938801]: Sch. 2 Pt. II paras. (a)(b) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

[^key-fb0e76701be80a83d3b57da2db31bfec]: S. 9(5) repealed (S.) (1.4.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 35; S.S.I. 2016/13, art. 2, Sch.

[^key-a747a8ffca21529572124cb2e4b72830]: Word in s. 9 heading inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 8(2)

[^key-553ab87b6b3ffd9e4dd9cf5be9bdccbb]: S. 9(3A) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 8(3)

Extension of powers of court in action by mortgagee of dwelling-house.

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