Administration of Justice Act 1977

Part I — General

Legal aid, advice and assistance

1

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Determination of expenses etc.

2

• (1) The amendments specified in Part I of Schedule 2 to this Act shall have effect for the purpose of enabling the rates of the sums whose payment is provided for by the enactments mentioned in that Part of that Schedule (which extend to England and Wales only) to be determined administratively.

• (2) The amendments specified in Part II of that Schedule shall have effect for the purpose of enabling the rates of the sums whose payment is provided for by the enactments mentioned in that Part of that Schedule (which extend to Scotland only) to be determined administratively.

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

Enforcement of maintenance orders

3

Schedule 3 to this Act shall have effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

Obligations, awards and judgments expressed in foreign currency

4

• (1) The provisions specified in subsection (2) below shall cease to have effect.

• (2) The provisions mentioned in subsection (1) above are—

• (a) in the Bills of Exchange Act 1882—

• (i) section 57(2) (measure of damages for bills dishonoured abroad), and

• (ii) section 72(4) (rate of exchange), and

• (b) the following provisions (which require the conversion to United Kingdom currency as at the date of registration of the judgments and awards to which they relate)—

• (i) section 2(3) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 ;

• (ii) section 1(3) of the Arbitration (International Investment Disputes) Act 1966, and

• (iii) Article 3(2) of the European Communities (Enforcement of Community Judgments) Order 1972.

• (3) The provisions specified in subsection (2)(a) above shall continue to have effect in relation to bills drawn before the coming into force of this section.

• (4) The provisions specified in subsection (2)(b) above shall continue to have effect in relation to judgments and awards registered before the coming into force of this section.

Appeals etc. from courts-martial

5

• (1) The following section shall be inserted after section 33 of the Courts-Martial (Appeals) Act 1968—

(33A) Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance.

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• (2) In section 34(2) of that Act (reference of cases by Service authorities), for the words “other than those of sections 31 and 32” there shall be substituted the words “ other than that of section 32 ”.

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

• (4) In section 47(3) of that Act (costs on appeals to the House of Lords), for the words from the beginning to “accused”, in the first place where it occurs, there shall be substituted the words “ On determining an appeal from the Appeal Court, ”.

Temporary additional judges for Employment Appeal Tribunal

6

Extent of powers of receivers and managers in respect of companies

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• (1) A receiver appointed under the law of any part of the United Kingdom in respect of the whole or part of any property or undertaking of a company and in consequence of the company having created a charge which, as created, was a floating charge may exercise his powers in any other part of the United Kingdom so far as their exercise is not inconsistent with the law applicable there.

• (2) In subsection (1) above “receiver” includes a manager and a person who is appointed both receiver and manager.

Oaths and affirmations

8

Part II — England and Wales

Supreme Court

Appeals

9

Appointment to office

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• (1) The following section shall be substituted for section 116 of the Supreme Court of Judicature (Consolidation) Act 1925:—

(116) (1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Supreme Court, he may appoint a person— (a) to act as a deputy for any officer of the Supreme Court, or (b) to act as a temporary additional officer in any office in the Supreme Court, during such period or on such occasions as the Lord Chancellor thinks fit. (2) Subject to subsection (3) below, a person shall not be qualified for appointment under this section if the office in which he would act by virtue of the appointment is one to which he would not be qualified for permanent appointment. (3) A master of the Supreme Court shall be qualified to be appointed to act as a deputy for a registrar in bankruptcy of the High Court. (4) A person acting in an office by virtue of an appointment under this section shall have all the powers of a person permanently appointed to that office. (5) The Lord Chancellor may pay to any person appointed under this section such remuneration and allowances as he may, with the consent of the Minister for the Civil Service, determine.

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• (2) The qualifications for appointment to offices in the Supreme Court shall be extended as mentioned in subsection (3) below.

• (3) There may be appointed—

• (a) to the office of Registrar of Criminal Appeals, any barrister or solicitor of not less than ten years' standing (whether practising or not);

• (b) to the office of Assistant Registrar of Criminal Appeals, any barrister or solicitor of not less than seven years' standing (whether practising or not);

• (c) to the office of Registrar in Bankruptcy of the High Court, any holder of one of the following offices, namely—

• (i) district registrar, and

• (ii) county court registrar;

• (d) to the office of Master, Chancery Division, any holder of one of the following offices, namely—

• (i) Master, Taxing Office,

• (ii) Official Solicitor, and

• (iii) county court registrar ;

• (e) to the office of Master, Taxing Office, any holder of the office of Official Solicitor ;

• (f) to the office of Official Solicitor, any solicitor of not less than ten years' standing (whether practising or not);

• (g) to the office of registrar of the Principal Registry of the Family Division, any holder of the office of district registrar or county court registrar; and

• (h) to the office of district probate registrar, any person who has served not less than five years as a clerk in the Principal Registry of the Family Division or a district probate registry.

• (4) Accordingly—

• (a) the following subsection shall be substituted for section 126(3) of the Supreme Court of Judicature (Consolidation) Act 1925 (which specifies the qualifications for appointment to certain offices):—

(3) A person shall not be qualified— (a) to be appointed a registrar of the Principal Registry of the Family Division, unless he is— (i) a practising barrister or solicitor of not less than ten years' standing, or (ii) a district registrar, or (iii) a county court registrar, or (iv) a district probate registrar of not less than five years' standing, or has served not less than ten years as a clerk in the Principal Registry of the Family Division; or (b) to be appointed a district probate registrar unless he is— (i) a practising barrister or solicitor of not less than five years' standing, or (ii) a registrar of the Principal Registry of the Family Division, or has served not less than five years as a clerk in the Principal Registry of the Family Division or a district probate registry.

; and

• (b) in Schedule 4 to that Act (which specifies the qualifications for appointment to certain other offices)—

• (i) the following shall be substituted for the entry in column 2 of paragraph 5 (persons qualified for appointment as Registrar in Bankruptcy):—

(5) (i) A practising barrister or practising solicitor of not less than ten years' standing; or (ii) a district registrar ; or (iii) a county court registrar.

; and

• (ii) at the end of paragraph 6(iii) (persons qualified for appointment as Master, Chancery Division) there shall be added the words " or

• (iv) A county court registrar.".

Funds in court

11

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Circuit judges and county courts

Alteration of qualifications for appointment as Circuit judge

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Sittings of county courts

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Injunctions and declarations in county courts

14

The following section shall be inserted after section 51 of the County Courts Act 1959:—

(51A) (1) Subject to the provisions of this section, a county court shall have the same jurisdiction as the High Court to grant an injunction or declaration in respect of, or relating to, any land, or the possession, occupation, use or enjoyment of any land. (2) This section only applies where the net annual value for rating of the relevant land does not exceed the current limit on jurisdiction in section 51 of this Act. (3) In this section " land " includes any hereditament, and in the case of an easement or licence the relevant land for the purposes of subsection (2) above is the land in respect of which the easement or licence is claimed or on, through, over or under which the easement or licence is claimed. (4) Any party to proceedings in the High Court which could have been brought in a county court under this section may apply to the High Court or a judge thereof for an order that the action be transferred to any county court— (a) in which the proceedings could have been brought, or (b) which the High Court or judge may deem to be the most convenient to the parties, and the High Court or judge may order that the proceedings be transferred accordingly.

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Limits on Admiralty and probate jurisdiction of county courts

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• (1) In section 56(2) of the County Courts Act 1959 (which limits a county court's jurisdiction in Admiralty matters)—

• (a) for " one thousand pounds " there shall be substituted " £5,000 ", and

• (b) for " three thousand five hundred pounds " there shall be substituted " £15,000 ".

• (2) In section 60 of that Act (costs of certain Admiralty proceedings)—

• (a) subsection (2) shall cease to have effect;

• (b) in subsection (3)—

• (i) after the word " ship", in the first place where it occurs, there shall be inserted the words " or any claim for salvage services, " , and

• (ii) for " £100 " there shall be substituted " £350 ";

• (c) in subsection (4), for " one thousand pounds" there shall be substituted " £5,000 "; and

• (d) in subsection (5), for " (2) to" there shall be substituted œ(3) and ".

• (3) In section 62(1) of that Act (jurisdiction of county courts in probate matters), for " one thousand pounds " there shall be substituted " £15,000 ".

• (4) In section 192(2)(a) of that Act (financial limits which may be raised by Order in Council), for " 60(3)" there shall be substituted " 56(2), 60, 62(1), ".

Right of audience in county courts

16

The following section shall be inserted after section 89 of the County Courts Act 1959:—

(89A) (1) The Lord Chancellor may at any time direct that such categories of persons in relevant legal employment as may be specified in the direction may address the court in any proceedings in a county court, or in proceedings in a county court of such description as may be so specified. (2) In subsection (1) above, " relevant legal employment " means employment which consists of or includes giving assistance in the conduct of litigation to a solicitor whether in private practice or not. (3) A direction under this section may be given subject to such conditions and restrictions as appear to the Lord Chancellor to be necessary or expedient, and may be expressed to have effect as respects every county court or as respects a specified county court or as respects one or more specified places where a county court sits. (4) It is hereby declared that the power to give directions conferred by the section includes a power to vary or rescind any direction given under this section.

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County court jurisdiction in respect of arbitrations

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

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

Register of county court judgments

18

County court registrars

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

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

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

• (5) In section 6 of the Attachment of Earnings Act 1971—

• (a) in paragraphs (a)(ii) and (b) of subsection (7) (collecting officers), for the word “registrar” there shall be substituted the words “ appropriate officer ”, and

• (b) the following subsection shall be added after that subsection:—

(8) In subsection (7) above “appropriate officer” means an officer designated by the Lord Chancellor.

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Proof of service of process

20

Magistrates' courts

Persons to preside at meetings of justices

21

Other provisions about courts

Membership of Rule Committees

22

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Jurisdiction of ancient courts

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• (1) The following courts, namely—

• (a) any court of a description specified in Part I of Schedule 4 to this Act except—

• (i) the Estray Court for the Lordship of Denbigh, and

• (ii) the court leet for the Manor of Laxton, and

• (b) the courts specified in Part II of that Schedule,

being the courts which appear to the Lord Chancellor to have, but not to exercise, jurisdiction to hear and determine legal proceedings, shall cease to have any jurisdiction to hear and determine legal proceedings; but any such court may continue to sit and transact such other business, if any, as was customary for it immediately before the coming into force of this section, and in the case of the courts specified in Part III of Schedule 4 to this Act the business that is to be treated as having been customary shall (apart from business relating to the appointment of officers of the court) be the business specified in relation to that court in column 2 of that Part.

• (2) The descriptions of courts in Part I of Schedule 4 to this Act include courts held for manors of which the Queen or the Duke of Cornwall is the lord.

• (3) Any jurisdiction—

• (a) of the Court of the Chancellor or Vice-Chancellor of Oxford University, and

• (b) of the Cambridge University Chancellor’s Court,

other than that which presently exists under the statutes of those universities, is hereby abolished.

• (4) The Lord Chancellor may , after consulting the Lord Chief Justice, by order make any incidental or transitional provision which he considers expedient in consequence of this section and may by such order provide—

• (a) for enabling any jurisdiction appearing to him to have been formerly exercised by a court specified in Part I or II of Schedule 4 to this Act to be exercised instead by the High Court, the Crown Court, a county court or a magistrates’ court; and

• (b) for such amendments or repeals of provisions of any local Act as appear to him to be required in consequence of this section.

• (5) The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and any such order may be varied or revoked by a subsequent order made under the power.

• (6) 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.

Land Registration

Rectification of the register

24

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Inspection and copying of registers and documents in custody of Land Registry in connection with criminal proceedings etc.

25

Alteration of methods of protecting mortgages of registered land

26

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Estates of deceased persons

Proceedings against estates

27

Distribution of estate of intestate leaving surviving spouse

28

• (1) In section 46 of the Administration of Estates Act 1925—

• (a) in paragraph (i) of subsection (1) (distribution of estate of intestate leaving surviving spouse)—

• (i) as it has effect as respects persons dying before 1953, for the words “five pounds per cent. per annum”, and

• (ii) as it has effect as respects persons dying after 1952, for the words “four pounds per cent. per annum”, wherever they occur,

there shall be substituted the words “ at such rate as the Lord Chancellor may specify by order ”, and

• (b) the following subsection shall be inserted after subsection (1) and shall have effect both as respects persons dying before 1953 and after 1952:—

(1A) The power to make orders under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and any such order may be varied or revoked by a subsequent order made under the Power.

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• (2) Subsections (2) and (4) of section 47A of that Act (method of calculation of value of life interest of surviving spouse) shall cease to have effect.

• (3) The following subsections shall be inserted after subsection (3) of that section:—