Senior Courts Act 1981

• (b) section 53 of the Criminal Justice Act 1991.

Duties of officers of Crown Court

82

• (1) The officers of the Crown Court shall be responsible for the keeping of the records of the proceedings of the court, the signing of indictments, the notification to the parties or their legal advisers of the place and time appointed for any proceedings, and such other formal or administrative matters as may be specified by directions given by the Lord Chancellor after consulting the Lord Chief Justice.

• (2) Officers of the Crown Court shall in particular give effect to any orders or directions of the court for taking into custody, and detaining, any person committing contempt of court, and shall execute any order or warrant duly issued by the court for the committal of any person to prison for contempt of court.

• (3) 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.

Right of audience for solicitors

83

Rules of Court

Power to make rules of court

84

• (1) Rules of court may be made by the Lord Chief Justice for the purpose of regulating and prescribing , except in relation to any criminal cause or matter, the practice and procedure to be followed in the Crown Court . . . .

• (2) Without prejudice to the generality of subsection (1), the matters about which rules of court may be made under this section include all matters of practice and procedure in the Senior Courts which were regulated or prescribed by rules of court immediately before the commencement of this Act.

• (3) No provision of this or any other Act, or contained in any instrument made under any Act, which—

• (a) authorises or requires the making of rules of court about any particular matter or for any particular purpose; or

• (b) provides (in whatever words) that the power to make rules of court under this section is to include power to make rules about any particular matter or for any particular purpose,

shall be taken as derogating from the generality of subsection (1).

• (4) Rules made under this section shall have effect subject to any special rules for the time being in force in relation to proceedings in the Senior Courts of any particular kind.

• (5) Special rules may apply—

• (a) any rules made under this section,. . .

• (b) Civil Procedure Rules,

to proceedings to which the special rules apply.

• (c) Criminal Procedure Rules, or

• (d) Family Procedure Rules,

• (5A) Rules made under this section may apply—

• (a) any special rules,. . .

• (b) Civil Procedure Rules,

to proceedings to which rules made under this section apply.

• (c) Criminal Procedure Rules, or

• (d) Family Procedure Rules,

• (6) Where rules may be applied under subsection (5) or (5A), they may be applied—

• (a) to any extent,

• (b) with or without modification, and

• (c) as amended from time to time.

• (7) No rule which may involve an increase of expenditure out of public funds may be made under this section except with the concurrence of the Treasury, but the validity of any rule made under this section shall not be called in question in any proceedings in any court either by the court or by any party to the proceedings on the ground only that it was a rule as to the making of which the concurrence of the Treasury was necessary and that the Treasury did not concur or are not expressed to have concurred.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In this section “special rules” means rules applying to proceedings of any particular kind in the Senior Courts, being rules made by an authority other than the Civil Procedure Rule Committee, the Family Procedure Rule Committee or , the Criminal Procedure Rule Committee ... under any provision of this or any other Act which (in whatever words) confers on that authority power to make rules in relation to proceedings of that kind in the Senior Courts.

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

The Supreme Court Rule Committee

85

• (1) The power to make rules of court under section 84 in relation to the High Court and the civil division of the Court of Appeal shall be exercisable by the Lord Chancellor together with any four or more of the following persons, namely—

• (a) the Lord Chief Justice,

• (b) the Master of the Rolls,

• (c) the President of the Family Division,

• (d) the Vice-Chancellor,

• (e) three other judges of the Senior Courts,

• (f) two persons who have a Senior Courts qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and

• (g) two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Senior Courts.

• (2) The persons mentioned in subsection (1), acting in pursuance of that subsection, shall be known as “the Senior Courts Rule Committee”.

• (3) The persons to act in pursuance of subsection (1) with the Lord Chancellor, other than those eligible to act by virtue of their office, shall be appointed by the Lord Chancellor for such time as he may think fit.

• (4) Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.]

The Crown Court Rule Committee

86

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

Particular matters for which rules of court may provide

87

• (1) Rules of court may make provision for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings in the High Court or in the civil division of the Court of Appeal or on any application in connection with or at any stage of any such proceedings.

• (2) Rules of court may make provision—

• (a) for enabling proceedings to be commenced in the High Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or administration has been made;

• (b) for enabling proceedings purporting to have been commenced in that court against a person to be treated, if he was dead at their commencement, as having been commenced against his estate, whether or not a grant of probate or administration was made before their commencement; and

• (c) for enabling any proceedings commenced or treated as commenced in that court against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) against a person appointed to represent the estate or, if a grant of probate or administration is or has been made, against the personal representatives.

• (3) Rules of court made under section 84 may amend or repeal any statutory provision relating to the practice and procedure of the Crown Court (except so far as relating to criminal causes or matters) so far as may be necessary in consequence of provision made by the rules.

• (4) Criminal Procedure Rules may require courts from which an appeal lies to the criminal division of the Court of Appeal to furnish that division with any assistance or information which it may request for the purpose of exercising its jurisdiction.

• (5) Rules of court made under section 84 may amend or repeal any statutory provision about appeals to the Crown Court so far as it relates to the practice and procedure with respect to such appeals (except so far as relating to criminal causes or matters).

Part IV — OFFICERS AND OFFICES

Appointment of certain officers of Senior Courts

Qualification for office

88

A person shall not be qualified for appointment to any office in the Senior Courts listed in column 1 of any Part of Schedule 2 unless he is a person of any description specified in relation to that office in column 2 of that Part.

Masters and registrars

89

• (1) The power to make appointments to the offices in the Senior Courts listed in column 1 of Parts II and III of Schedule 2 shall be exercisable by Her Majesty.

• (1A) The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury.

• (2) The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office and Registrar of criminal appeals shall, by virtue of his appointment, be a master of the Queen’s Bench Division.

• (3) Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).

• (3A) A person may be appointed to a senior office only if—

• (a) he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or

• (b) he does not hold the qualifying office but could be appointed to it in compliance with section 88.

• (3B) Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.

• (3C) This is the table referred to in subsections (3) and (3A)—

Senior office	Qualifying office
Senior Master of the Queen's Bench Division	Master of the Queen's Bench Division
Chief Chancery Master	Master of the Chancery Division
Chief Taxing Master	Taxing master of the Senior Courts
Chief Insolvency and Companies Court Judge	Insolvency and Companies Court Judge
Senior District Judge of the Family Division	Registrar of the Principal Registry of the Family Division

• (4) The person appointed Senior Master of the Queen's Bench Division shall hold and perform the duties of the offices of the Queen’s Remembrancer and registrar of judgments.

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

• (7A) A person appointed under subsection (1) is to be paid such salary and such allowances, and a person appointed to a senior office is to be paid such additional salary and such allowances, as may be determined by the Lord Chancellor with the concurrence of the Treasury.

• (7B) A salary payable under or by virtue of this section—

• (a) may in any case be increased, but

• (b) may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

by a determination or further determination under this section.

• (8) Salaries and allowances payable under or by virtue of this section shall be paid out of money provided by Parliament.

Official Solicitor

90

• (1) There shall continue to be an Official Solicitor to the Senior Courts, who shall be appointed by the Lord Chancellor.

• (2) There shall be paid to the Official Solicitor out of money provided by Parliament such salary as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

• (3) The Official Solicitor shall have such powers and perform such duties as may for the time being be conferred or imposed on the holder of that office—

• (a) by or under this or any other Act; or

• (b) by or in accordance with any direction given (before or after the commencement of this Act) by the Lord Chancellor.

• (3A) The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings.

• (3B) When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) shall be treated as having acquired that right solely by virtue of subsection (3A).

• (4) If—

• (a) the Official Solicitor is not available because of his absence or for some other reason; or

• (b) his office is vacant,

then, during such unavailability or vacancy, any powers or duties of the Official Solicitor shall be exercisable or fall to be performed by any person for the time being appointed by the Lord Chancellor as deputy to the Official Solicitor (and any property vested in the Official Solicitor may accordingly be dealt with by any such person in all respects as if it were vested in him instead).

Deputies and temporary appointments

91

• (1) If it appears to the Lord Chief Justice that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts or any other court or tribunal to which a person appointed under this subsection may be deployed, he may appoint a person—

• (a) to act as a deputy for any person holding an office listed in column 1 of Part II . . . of Schedule 2; or

• (b) to act as a temporary additional officer in any such office,

during such period or on such occasions as the Lord Chancellor may think fit.

• (1ZA) The Lord Chief Justice may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chancellor.

• (1ZB) Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies.

• (1ZC) In this section a “holder of relevant office” means a person who holds...—

• (a) any office listed in column 1 of Part 2 or 3 of Schedule 2, or

• (b) the office of district judge.

• (1A) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—

• (a) to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or

• (b) to act as a temporary additional officer in any such office,

during such period or on such occasions as the Lord Chancellor may think fit.

• (2) ... 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 is not qualified for permanent appointment.

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

• (4) Every person, while acting under this section, shall have all the jurisdiction of a person permanently appointed to the office in which he is acting.

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

• (6) The Lord Chancellor may, out of money provided by Parliament, pay to any person appointed under this section such remuneration and allowances as he may, with the concurrence of the Minister for the Civil Service, determine.

• (6A) A person appointed under subsection (1) may be removed from office—

• (a) only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

• (b) only on—

• (i) the ground of inability or misbehaviour, or

• (ii) a ground specified in the person's terms of appointment.

• (6B) Subject to subsection (6C), the period of a person's appointment under subsection (1) (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry; and for this purpose a person appointed under subsection (1) to act under this section on certain occasions is to be treated as having been appointed for a period that expires when the occasions end.

• (6C) Extension under subsection (6B)—

• (a) requires the person's agreement,

• (b) is to be for such period as the Lord Chancellor thinks fit, and

• (c) may be refused on—

• (i) the ground of inability or misbehaviour, or

• (ii) a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

• (6D) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under subsection (1) is to hold and vacate office in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (7) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (6A)(a).

Other provisions relating to officers of Senior Courts

Tenure of office

92

• (1) Subject to the following provisions of this section ..., a person who holds an office to which this subsection applies shall vacate it on the day on which he attains the age of 75.

• (2) Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 . . . .

• (2A) Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixy-two years.

• (2B) Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 . . ..

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

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

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

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

• (3A) Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.

• (4) A person appointed to an office listed in column 1 of Part 1 or 2 of Schedule 2 shall hold that office during good behaviour.

• (5) The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice.

• (6) The Lord Chancellor may also , with the concurrence of the Lord Chief Justice, remove such a person from his office on account of inability to perform the duties of his office.

• (7) A person appointed to an office listed in column 1 of Part III of Schedule 2 shall hold that office during Her Majesty’s pleasure.

• (8) It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).

Status of officers for purposes of salary and pension

93

• (1) Subject to subsection (2), any person who holds an office listed in column 1 of any Part of Schedule 2 or the office of Accountant General of the Senior Courts and is not employed in the civil service of the State shall be deemed to be so employed for the purposes of salary and pension.

• (2) Subsection (1), so far as it relates to pension, shall not apply to a person holding qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993.

Officers not to practise as barristers or solicitors

94

Property held by officers

95

Any property held in his official capacity by a person holding an office listed in column 1 of Part II of Schedule 2 or by the Official Solicitor shall, on his dying or ceasing to hold office, vest in the person appointed to succeed him without any conveyance, assignment or transfer.

Central Office and Accountant General

Central Office

96

• (1) The Central Office of the Senior Courts shall perform such business as the Lord Chief Justice may, with the concurrence of the Lord Chancellor, direct.

• (2) Subject to any direction under subsection (1), the Central Office shall perform such business as it performed immediately before the commencement of this Act.

• (3) 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.

Accountant General

97

• (1) There shall continue to be an Accountant General of, and an accounting department for, the Senior Courts.

• (2) The Lord Chancellor shall appoint such person as he thinks fit to the office in the Senior Courts of Accountant General of the Senior Courts and the person so appointed shall hold and vacate office in accordance with the terms of his appointment.

• (3) The Accountant General shall be paid such salary or fees as the Lord Chancellor determines with the consent of the Treasury.

• (4) If one person holds office both as the Accountant General and as the Public Trustee then, if he ceases to be the Public Trustee, he shall also cease to be the Accountant General unless the Lord Chancellor otherwise directs.

• (5) If a vacancy occurs in the office of Accountant General or the person appointed to hold the office is for any reason unable to act for any period such person as the Lord Chancellor appoints as deputy in that office shall, during the vacancy or that period, perform the functions of that office (and any property vested in the Accountant General may accordingly be dealt with by the deputy in all respects as if it were vested in him instead).

Judges’ clerks and secretaries

Judges' clerks and secretaries

98

• (1) A clerk and a secretary shall be attached to each of the following judges of the Senior Courts, namely the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court.

• (2) A clerk shall be attached to each of the following judges of the Senior Courts, namely the Lords Justices of Appeal and the puisne judges of the High Court.

• (3) Any clerk or secretary attached as mentioned in subsection (1) or (2)—

• (a) shall be appointed by the Lord Chancellor; and

• (b) if not already employed in the civil service of the State shall be deemed for all purposes to be so employed.

• (4) If at any time it appears to any of the judges mentioned in subsection (1) desirable that there should be attached to him a legal secretary (that is to say a secretary with legal qualifications) in addition to the secretary provided for by that subsection, he may, with the concurrence of the Lord Chancellor, appoint a person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) as his legal secretary.

• (5) An appointment under subsection (4) may be on either a full-time or a part-time basis; and a person appointed by a judge as his legal secretary shall, except as regards remuneration, hold and vacate that office in accordance with such terms as the judge may, with the concurrence of the Lord Chancellor, determine when making the appointment.

• (6) A person appointed under subsection (4)—

• (a) shall not be treated as employed in the civil service of the State by reason only of that appointment; and

• (b) if the Lord Chancellor so determines in his case, shall be paid out of money provided by Parliament such remuneration as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

District registries and district registrars

District registries

99

• (1) The Lord Chancellor may , after consulting the Lord Chief Justice, by order direct that there shall be district registries of the High Court at such places and for such districts as are specified in the order.

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

• (3) 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.

District registrars

100

• (1) The Lord Chief Justice, after consulting the Lord Chancellor—

• (a) may assign a district judge to one or more district registries;

• (b) may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).

• (2) A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.

• (3) Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

• (4) Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.

• (5) 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 subsection (1).

Power of one district registrar to act for another

101

• (1) A district judge of any registry shall be capable of acting in any other district registry for a district judge of that registry; and, where a district judge is so acting, the district judge of the other registry may divide the duties of his office as he thinks fit between himself and the district judge acting for him.

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

Deputy district registrars

102

• (1) If it appears to the Lord Chief Justice that it is expedient to do so in order to facilitate the disposal of business in the High Court or any other court or tribunal to which a person appointed under this subsection may be deployed, he may appoint a person to be a deputy district judge.

• (1A) A person is qualified for appointment under subsection (1) only if the person—

• (a) is qualified for appointment as a district judge, or

• (b) holds, or has held, the office of district judge.

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

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

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

• (4A) The Lord Chief Justice, after consulting the Lord Chancellor—

• (a) may assign a deputy district judge appointed under this section to one or more district registries;

• (b) may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).

• (4B) A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.

• (4C) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

• (5) Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.

• (5ZA) A person appointed under this section may be removed from office as a deputy district judge—

• (a) only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

• (b) only on—

• (i) the ground of inability or misbehaviour, or

• (ii) a ground specified in the person's terms of appointment.

• (5ZB) Subject to subsection (5ZC), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

• (5ZC) Extension under subsection (5ZB)—

• (a) requires the person's agreement,

• (b) is to be for such term as the Lord Chancellor thinks fit, and

• (c) may be refused on—

• (i) the ground of inability or misbehaviour, or

• (ii) a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

• (5ZD) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (5ZE) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (5ZA)(a).

• (5A) 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 subsection ... (4A).

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

Assistant district registrars

103

District probate registries

District probate registries

104

• (1) The Lord Chancellor may , after consulting the Lord Chief Justice, by order direct that there shall be district probate registries of the High Court at such places and for such districts as are specified in the order.

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

• (3) 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.

Part V — PROBATE CAUSES AND MATTERS

Procedure in probate registries in relation to grants of representation

Applications

105

Applications for grants of probate or administration and for the revocation of grants may be made to—

• (a) the Principal Registry of the Family Division (in this Part referred to as “the Principal Registry”); or

• (b) a district probate registry.

Grants by district probate registrars

106

• (1) Any grant made by a district probate registrar shall be made in the name of the High Court under the seal used in the registry.

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

No grant where conflicting applications

107

Subject to probate rules, no grant in respect of the estate, or part of the estate, of a deceased person shall be made out of the Principal Registry or any district probate registry on any application if, at any time before the making of a grant, it appears to the registrar concerned that some other application has been made in respect of that estate or, as the case may be, that part of it and has not been either refused or withdrawn.

Caveats

108

• (1) A caveat against a grant of probate or administration may be entered in the Principal Registry or in any district probate registry.

• (2) On a caveat being entered in a district probate registry, the district probate registrar shall immediately send a copy of it to the Principal Registry to be entered among the caveats in that Registry.

Refusal of grant where capital transfer tax unpaid

109

• (1) No grant shall be made, and no grant made outside the United Kingdom shall be resealed, except—

• (a) on the production of information or documents under regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or

• (b) on the production of an account prepared in pursuance of that Act showing by means of such receipt or certification as may be prescribed by the Commissioners either—

• (i) that the inheritance tax payable on the delivery of the account has been paid; or

• (ii) that no such tax is so payable.

• (2) Arrangements may be made between the President of the Family Division and the Commissioners providing for the purposes of subsection (1)(b) in such cases as may be specified in the arrangements that the receipt of certification of an account may be dispensed with or that some other document may be substituted for the account required by the Capital Transfer Tax Act 1984.

• (2A) In this section and the following section, “the Commissioners” means the Commissioners of Inland Revenue

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

Documents to be delivered to Commissioners of Inland Revenue

110

Subject to any arrangements which may from time to time be made between the President of the Family Division and the Commissioners, the Principal Registry and every district probate registry shall, within such period after a grant as the President may direct, deliver to the Commissioners or their proper officer the following documents—

• (a) in the case of a grant of probate or of administration with the will annexed, a copy of the will;

• (b) in every case, such certificate or note of the grant as the Commissioners may require.

Records of grants

111

• (1) There shall continue to be kept records of all grants which are made in the Principal Registry or in any district probate registry.

• (2) Those records shall be in such form, and shall contain such particulars, as the President of the Family Division may direct.

Powers of court in relation to personal representatives

Summons to executor to prove or renounce

112

The High Court may summon any person named as executor in a will to prove, or renounce probate of, the will, and to do such other things concerning the will as the court had power to order such a person to do immediately before the commencement of this Act.

Power of court to sever grant

113

• (1) Subject to subsection (2), the High Court may grant probate or administration in respect of any part of the estate of a deceased person, limited in any way the court thinks fit.

• (2) Where the estate of a deceased person is known to be insolvent, the grant of representation to it shall not be severed under subsection (1) except as regards a trust estate in which he had no beneficial interest.

Number of personal representatives

114

• (1) Probate or administration shall not be granted by the High Court to more than four persons in respect of the same part of the estate of a deceased person.

• (2) Where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration by the High Court shall be made either to a trust corporation (with or without an individual) or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator.

• (3) For the purpose of determining whether a minority or life interest arises in any particular case, the court may act on such evidence as may be prescribed.

• (4) If at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the High Court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered.

• (5) An appointment of an additional personal representative under subsection (4) to act with an executor shall not have the effect of including him in any chain of representation.

Grants to trust corporations

115

• (1) The High Court may—

• (a) where a trust corporation is named in a will as executor, grant probate to the corporation either solely or jointly with any other person named in the will as executor, as the case may require; or

• (b) grant administration to a trust corporation, either solely or jointly with another person;

and the corporation may act accordingly as executor or administrator, as the case may be.

• (2) Probate or administration shall not be granted to any person as nominee of a trust corporation.

• (3) Any officer authorised for the purpose by a trust corporation or its directors or governing body may, on behalf of the corporation, swear affidavits, give security and do any other act which the court may require with a view to the grant to the corporation of probate or administration; and the acts of an officer so authorised shall be binding on the corporation.

• (4) Subsections (1) to (3) shall also apply in relation to any body which is exempt from the provisions of section 23(1) of the Solicitors Act 1974 (unqualified persons not to prepare papers for probate etc.) by virtue of any of paragraphs (e) to (h) of subsection (2) of that section.

Power of court to pass over prior claims to grant

116

• (1) If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may in its discretion appoint as administrator such person as it thinks expedient.

• (2) Any grant of administration under this section may be limited in any way the court thinks fit.

Administration pending suit

117

• (1) Where any legal proceedings concerning the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the High Court may grant administration of the estate of the deceased person in question to an administrator pending suit, who shall, subject to subsection (2), have all the rights, duties and powers of a general administrator.

• (2) An administrator pending suit shall be subject to the immediate control of the court and act under its direction; and, except in such circumstances as may be prescribed, no distribution of the estate, or any part of the estate, of the deceased person in question shall be made by such an administrator without the leave of the court.

• (3) The court may, out of the estate of the deceased, assign an administrator pending suit such reasonable remuneration as it thinks fit.

Effect of appointment of minor as executor

118

Where a testator by his will appoints a minor to be an executor, the appointment shall not operate to vest in the minor the estate, or any part of the estate, of the testator, or to constitute him a personal representative for any purpose, unless and until probate is granted to him in accordance with probate rules.

Administration with will annexed

119

• (1) Administration with the will annexed shall be granted, subject to and in accordance with probate rules, in every class of case in which the High Court had power to make such a grant immediately before the commencement of this Act.

• (2) Where administration with the will annexed is granted, the will of the deceased shall be performed and observed in the same manner as if probate of it had been granted to an executor.

Power to require administrators to produce sureties

120

• (1) As a condition of granting administration to any person the High Court may, subject to the following provisions of this section and subject to and in accordance with probate rules, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.

• (2) A guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.

• (3) No action shall be brought on any such guarantee without the leave of the High Court.

• (4) Stamp duty shall not be chargeable on any such guarantee.

• (5) This section does not apply where administration is granted to the Treasury Solicitor, the Official Solicitor, the Public Trustee, the Solicitor for the affairs of the Duchy of Lancaster or the Duchy of Cornwall or the Crown Solicitor for Northern Ireland, or to the consular officer of a foreign state to which section 1 of the Consular Conventions Act 1949 applies, or in such other cases as may be prescribed.

Revocation of grants and cancellation of resealing at instance of court

Revocation of grants and cancellation of resealing at instance of court

121

• (1) Where it appears to the High Court that a grant either ought not to have been made or contains an error, the court may call in the grant and, if satisfied that it would be revoked at the instance of a party interested, may revoke it.

• (2) A grant may be revoked under subsection (1) without being called in, if it cannot be called in.

• (3) Where it appears to the High Court that a grant resealed under the Colonial Probates Acts 1892 and 1927 ought not to have been resealed, the court may call in the relevant document and, if satisfied that the resealing would be cancelled at the instance of a party interested, may cancel the resealing.

In this and the following subsection “the relevant document” means the original grant or, where some other document was sealed by the court under those Acts, that document.

• (4) A resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in.

Ancillary powers of court

Examination of person with knowledge of testamentary document

122

• (1) Where it appears that there are reasonable grounds for believing that any person has knowledge of any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, order him to attend for the purpose of being examined in open court.

• (2) The court may—

• (a) require any person who is before it in compliance with an order under subsection (1) to answer any question relating to the document concerned; and

• (b) if appropriate, order him to bring in the document in such manner as the court may direct.

• (3) Any person who, having been required by the court to do so under this section, fails to attend for examination, answer any question or bring in any document shall be guilty of contempt of court.

Subpoena to bring in testamentary document

123

Where it appears that any person has in his possession, custody or power any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, issue a subpoena requiring him to bring in the document in such manner as the court may in the subpoena direct.

Provisions as to documents

Place for deposit of original wills and other documents

124

All original wills and other documents which are under the control of the High Court in the Principal Registry or in any district probate registry shall be deposited and preserved in such places as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005; and any wills or other documents so deposited shall, subject to the control of the High Court and to probate rules, be open to inspection.

Copies of wills and grants

125

An office copy, or a sealed and certified copy, of any will or part of a will open to inspection under section 124 or of any grant may, on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees), be obtained—

• (a) from the registry in which in accordance with section 124 the will or documents relating to the grant are preserved; or

• (b) where in accordance with that section the will or such documents are preserved in some place other than a registry, from the Principal Registry; or

• (c) subject to the approval of the Senior Registrar of the Family Division, from the Principal Registry in any case where the will was proved in or the grant was issued from a district probate registry.

Depositories for wills of living persons

126

• (1) There shall be provided, under the control and direction of the High Court, safe and convenient depositories for the custody of the wills of living persons; and any person may deposit his will in such a depository on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) and subject to such conditions as may be prescribed by regulations made by the President of the Family Division with the concurrence of the Lord Chancellor.

• (2) Any regulations made under this section shall be made by statutory instrument which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under this section in like manner as if they had been made by a Minister of the Crown.

Probate rules

Probate rules

127

• (1) Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating and prescribing the practice and procedure of the High Court with respect to non-contentious or common form probate business.

• (2) Without prejudice to the generality of subsection (1), probate rules may make provision for regulating the classes of persons entitled to grants of probate or administration in particular circumstances and the relative priorities of their claims thereto.

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

Interpretation of Part V and other probate provisions

Interpretation of Part V and other probate provisions

128

In this part, and in the other provisions of this Act relating to probate causes and matters, unless the context otherwise requires—

• “administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;

• “estate” means real and personal estate, and “real estate” includes—chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, andreal estate held on trust or by way of mortgage or security, but not . . . money secured or charged on land;

• “grant” means a grant of probate or administration;

• “non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including—the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated,all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, andthe business of lodging caveats against the grant of probate or administration;

• “Principal Registry” means the Principal Registry of the Family Division;

• “probate rules” means rules of court made under section 127;

• “trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the Public Trustee Act 1906 to act as a custodian trustee;

• “will” includes a nuncupative will and any testamentary document of which probate may be granted.

Part VI — MISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous provisions

Lords Commissioners to represent Lord Chancellor when Great Seal in commission

129

When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to—

• (a) the appointment of officers, and

• (b) any act for which the concurrence or presence of the Lord Chancellor is required by this Act,

may be exercised by the senior Lord Commissioner for the time being.

Fees to be taken in Supreme Court

130

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

Conveyancing counsel of Supreme Court

131

• (1) The conveyancing counsel of the Senior Courts shall be persons who have a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.

• (2) The conveyancing counsel of the court shall be not more than six, not less than three, in number, and shall be appointed by the Lord Chancellor with the concurrence of the Lord Chief Justice.

• (3) 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.

Proof of documents bearing seal or stamp of Supreme Court or any office thereof

132

Every document purporting to be sealed or stamped with the seal or stamp of the Senior Courts or of any office of the Senior Courts shall be received in evidence in all parts of the United Kingdom without further proof.

Enrolment and engrossment of instruments

133

• (1) The Master of the Rolls may make regulations for authorising and regulating the enrolment or filing of instruments in the Senior Courts, and for prescribing the form in which certificates of enrolment or filing are to be issued.

• (2) Regulations under subsection (1) shall not affect the operation of any enactment requiring or authorising the enrolment of any instrument in the Senior Courts or prescribing the manner in which any instrument is to be enrolled there.

• (3) Any instrument which is required or authorised by or under this or any other Act to be enrolled or engrossed in the Senior Courts shall be deemed to have been duly enrolled or engrossed if it is written on material authorised or required by regulations under subsection (1) and has been filed or otherwise preserved in accordance with regulations under that subsection.

• (4) The Lord Chancellor may, with the concurrence of the Master of the Rolls and of the Treasury, make regulations prescribing the fees to be paid on the enrolment or filing of any instrument in the Senior Courts, including any additional fees payable on the enrolment or filing of any instrument out of time.

• (5) Any regulations under this section shall be made by statutory instrument, which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under subsection (1) in like manner as if the regulations had been made by a Minister of the Crown.

Powers of attorney deposited before October 1971

134

• (1) This section applies to any instrument creating, or verifying the execution of, a power of attorney which was deposited in the Central Office of the Senior Courts before 1st October 1971.

• (2) A separate file of such instruments shall continue to be kept and, subject to payment of any the fee prescribed by an order under section 92 of the Courts Act 2003 (fees)—

• (a) any person may search that file, and may inspect any such instrument; and

• (b) an office copy of any such instrument shall be issued to any person on request.

• (3) A document purporting to be an office copy of any such instrument shall, in any part of the United Kingdom, without further proof be sufficient evidence of the contents of the instrument and of its having been deposited as mentioned in subsection (1).

Bonds given under order of court

135

• (1) A bond to be given by any person under or for the purposes of any order of the High Court or the civil division of the Court of Appeal shall be given in such form and to such officer of the court as may be prescribed and, if the court so requires, with one or more sureties.

• (2) An officer of the court to whom a bond is given in accordance with subsection (1) shall as such have power to enforce it or to assign it, pursuant to an order of the court under subsection (4), to some other person.

• (3) Where by rules of court made for the purposes of this section another officer is at any time substituted for the officer previously prescribed as the officer to whom bonds of any class are to be given, the rules may provide that bonds of that class given before the rules come into operation shall have effect as if references in the bonds to the officer previously prescribed were references to the substituted officer.

• (4) Where it appears to the court that the condition of a bond given in accordance with subsection (1) has been broken, the court may, on an application in that behalf, order the bond to be assigned to such person as may be specified in the order.

• (5) A person to whom a bond is ordered to be assigned under subsection (4) shall be entitled by virtue of the order to sue on the bond in his own name as if it had been originally given to him, and to recover on it as trustee for all persons interested the full amount recoverable in respect of the breach of condition.

Production of documents filed in, or in custody of, Supreme Court

136

• (1) Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for providing that, in any case where a document filed in, or in the custody of, any office of the Senior Courts is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the Royal Courts of Justice—

• (a) it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but

• (b) the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the office;

and any such certificate shall be prima facie evidence of the facts stated in it.

• (2) Rules under this section may contain—

• (a) provisions for securing the safe custody and return to the proper office of the Senior Courts of any document sent to a court or tribunal in pursuance of the rules; and

• (b) such incidental and supplementary provisions as appear to the person making the rules to be necessary or expedient.

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

Money paid into court under enactment subsequently repealed

137

Where in pursuance of any enactment, whenever passed, any money has (before or after the commencement of this Act) been paid—

• (a) into the Bank of England in the name of the Accountant General of the Senior Courts; or

• (b) into the Senior Courts,

then, if that enactment has been or is subsequently repealed—

• (i) the Accountant General may continue to deal with the money; and

• (ii) any powers of the High Court with respect to the money shall continue to be exercisable,

in all respects as if that enactment had not been repealed.

Effect of writs of execution against goods

138

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

Attachment of National Savings Bank deposits

139

• (1) In section 27 of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown)—

• (a) in subsection (1), paragraph (c) of the proviso (which precludes the making of orders under that subsection by the High Court or a county court in respect of money payable on account of a deposit in the National Savings Bank) shall cease to have effect; and

• (b) after subsection (2) there shall be added—

(3) In their application to England and Wales the preceding provisions of this section shall have effect subject to any order for the time being in force under section 139(2) of the Supreme Court Act 1981.

.

• (2) The Lord Chancellor may by order direct that section 27(1) and (2) of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown) shall not apply in relation to any money payable by the Crown to any person on account of—

• (a) any deposit in the National Savings Bank; or

• (b) a deposit in that Bank of any description specified in the order.

• (3) Any order under subsection (2) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Without prejudice to section 153(4), this section extends to England and Wales only.

Enforcement of fines and forfeited recognizances

140

• (1) Payment of a fine imposed, or sum due under a recognizance forfeited, by the High Court or the civil division of the Court of Appeal may be enforced upon the order of the court—

• (a) in like manner as a judgment of the High Court for the payment of money; or

• (b) in like manner as a fine imposed by the Crown Court.

• (2) Where payment of a fine or other sum falls to be enforced as mentioned in paragraph (a) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection—

• (a) the court shall, if the fine or the other sum is not paid in full forthwith or within such time as the court may allow, certify to Her Majesty’s Remembrancer the sum payable; and

• (b) Her Majesty’s Remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.

• (3) Where payment of a fine or other sum falls to be enforced as mentioned in paragaph (b) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection, the provisions of sections 130 to 132 of the Sentencing Code shall apply to that fine or other sum as they apply to a fine imposed by the Crown Court.

• (4) Where payment of a fine or other sum has become enforceable by Her Majesty’s Remembrancer by virtue of this section or section 16 of the Contempt of Court Act 1981, any payment received by him in respect of that fine or other sum shall be dealt with by him in such manner as the Lord Chancellor may direct.

• (5) In this section, and in sections 130 to 132 of the Sentencing Code as extended by this section, “fine” includes a penalty imposed in civil proceedings.

Abolition of certain writs

141

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

Selection of judges for trial of election petitions

142

• (1) The judges to be placed on the rota for the trial of parliamentary election petitions in England and Wales under Part III of the Representation of the People Act 1983 in each year shall be selected, in such manner as may be provided by rules of court, from the judges of the Queen’s Bench Division of the High Court exclusive of any who are members of the House of Lords.

• (2) Notwithstanding the expiry of the year for which a judge has been placed on the rota he may act as if that year had not expired for the purpose of continuing to deal with, giving judgment in, or dealing with ancillary matter relating to, any case with which he may have been concerned during that year.

• (3) Any judge placed on the rota shall be eligible to be placed on the rota again in the succeeding or any subsequent year.

Expenses of Lord Chancellor in administering funds in court

143

Amendment of Part VIII of Mental Health Act 1959

144

Amendment of Courts-Martial (Appeals) Act 1968

145

• (1) The Courts-Martial (Appeals) Act 1968 shall be amended as follows.

• (2) In section 2(1)(a) (under which the judges of the Courts-Martial Appeal Court include such judges of the Queen’s Bench Division of the High Court as may be nominated for that purpose by the Lord Chief Justice after consultation with the Master of the Rolls), the words “of the Queen’s Bench Division” and “after consultation with the Master of the Rolls” shall be omitted.

• (3) In section 3(a) (under which the powers of the Courts-Martial Appeal Court may be exercised by any judge of the Queen’s Bench Division of the High Court), the words “of the Queen’s Bench Division” shall be omitted.

• (4) For section 5 (constitution of Appeal Court for particular sittings) there shall be substituted—

(5) (1) Subject to subsection (4) below, the Appeal Court shall be duly constituted if it consists of an uneven number of judges not less than three. (2) Where— (a) part of any proceedings before the Appeal Court has been heard by an uneven number of judges greater than three; and (b) one or more members of the Court as constituted for the purpose of those proceedings are unable to continue, then, subject to subsection (4) below, the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three. (3) Subject to subsection (4) below, the Appeal Court shall, if it consists of two judges, be duly constituted for every purpose except— (a) determining an appeal against— (i) conviction; or (ii) a finding of not guilty by reason of insanity; or (iii) a finding of unfitness to stand trial; (b) determining an application for leave to appeal to the House of Lords; and (c) refusing an application for leave to appeal to the Appeal Court against conviction or any such finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge. (4) At least one of the judges of which the Appeal Court consists at any sitting must be a judge of the Court by virtue of section 2(1) of this Act, except that where the Court is directed to sit at a place outside the United Kingdom the Lord Chancellor may, if he thinks it expedient to do so, direct that this provision shall not apply to the Court while sitting at that place. (5) Where an appeal has been heard by the Appeal Court and the Court as constituted for that purpose consists of an even number of judges, then, if those judges are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three.

.

• (5) In section 36(2) (rights of appellant on refusal of single judge to exercise certain powers in his favour) for “for the hearing and determination of appeals” there shall be substituted “for the purpose in accordance with section 5 of this Act”.

Amendment of Courts Act 1971

146

For section 24 of the Courts Act 1971 (deputy High Court and Circuit judges) there shall be substituted—

(24) (1) If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or a county court or official referees’ business in the High Court, he may— (a) appoint to be a deputy Circuit judge, during such period or on such occasions as he thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge; or (b) appoint to be an assistant Recorder, during such period or on such occasions as he thinks fit, any barrister or solicitor of at least ten years’ standing. (2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge or assistant Recorder is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge or a Recorder, as the case may be. (3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths to be taken by such judges, or the remuneration, allowances or pensions of such judges; and section 21 of this Act shall not apply to an assistant Recorder appointed under this section. (4) Notwithstanding the expiry of any period for which a person is appointed under this section a deputy Circuit judge or an assistant Recorder, he may attend at the Crown Court or a county court or, as regards any official referees’ business, at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a deputy Circuit judge or an assistant Recorder, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a Circuit judge or a Recorder, as the case may be. (5) There shall be paid out of money provided by Parliament to deputy Circuit judges and assistant Recorders appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

.

Amendment of Solicitors Act 1974

147

In section 50 of the Solicitors Act 1974 (jurisdiction of Senior Courts over solicitors), after subsection (2) there shall be inserted—

(3) An appeal shall lie to the Court of Appeal from any order made against a solicitor by the High Court or the Crown Court in the exercise of its jurisdiction in respect of solicitors under subsection (2).

.

Amendment of Arbitration Act 1979

148

Amendment of law relating to county courts

149

Supplementary

Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc.

150

• (1) Her Majesty may by Order in Council—

• (a) direct that any of the provisions of sections 20 to 24 specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands or the Isle of Man; or

• (b) make, for any of the Channel Islands or the Isle of Man, provision for any purposes corresponding to the purposes of any of the provisions of those sections.

• (2) Her Majesty may by order in Council direct, either generally or in relation to particular courts or territories, that the Colonial Courts of Admiralty Act 1890 shall have effect as if for the reference in section 2(2) of that Act to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of this Act, subject, however to such adaptations and modifications of section 20 as may be specified in the Order.

• (3) Her Majesty may by Order in Council direct that any of the provisions of sections 21 to 24 shall extend, with such exceptions, adaptations and modifications as may be specified in the Order, to any colony or to any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

• (4) Subsections (1) and (3) shall each have effect as if the provisions there mentioned included section 2(2) of the Hovercraft Act 1968 (application of the law relating to maritime liens in relation to hovercraft and property connected with them).

Interpretation of this Act, and rules of construction for other Acts and documents

151

• (1) In this Act, unless the context otherwise requires—

• “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;

• “appeal”, in the context of appeals to the civil division of the Court of Appeal, includes—an application for a new trial, andan application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury;

• “arbitration agreement” has the same meaning as it has in the Part I of the Arbitration Act 1996;

• “cause” means any action or any criminal proceedings;

• “Division”, where it appears with a capital letter, means a division of the High Court;

• “judgment” includes a decree;

• “jurisdiction” includes powers;

• “matter” means any proceedings in court not in a cause;

• “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

• “prescribed” means—except in relation to fees, prescribed by rules of court; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “qualifying judge advocate” means— the Judge Advocate General; ora person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);

• “senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;

• “solicitor” means a solicitor of the Senior Courts;

• “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the Interpretation Act 1978), whenever made;

• “this or any other Act” includes an Act passed after this Act.

• (2) Section 128 contains definitions of expressions used in Part V and in the other provisions of this Act relating to probate causes and matters.

• (3) Any reference in this Act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other Act which confers on the Civil Procedure Rule Committee ... power to make rules of court in relation to the Senior Courts.

• (4) Except where the context otherwise requires, in this or any other Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “divisional court” (with or without capital letters) means a divisional court constituted under section 66;

• “judge of the Senior Courts” means—a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), ora judge of the High Court,and accordingly does not include, as such, a judge of the Crown Court;

• “official referees’ business” has the meaning given by section 68(6);

• “Rules of the Senior Courts” means rules of court made by the Senior Courts Rules Committee.

• (5) The provisions of Schedule 4 (construction of references to superseded courts and officers) shall have effect.