Senior Courts Act 1981

• (b) for the words from “the reference in section 4(1)” to “the said Schedule 1)” substitute “ the reference in paragraph 4(1) of the said Part I and the second reference in paragraph 8(1) of that Part) ”.

• (3) After subsection (3) insert—

(3A) Subsection (3) of this section shall have effect as if the reference to the enactments mentioned in subsection (1) as extended by that subsection included a reference to sections 20 to 24 of the Supreme Court Act 1981.

.

ADMINISTRATION OF JUSTICE ACT 1970 (c. 31)

In section 37, for the words " no court other than a county court shall" substitute the words "the High Court shall not".

COURTS ACT 1971 (c. 23)

In paragraph 38(a) of Schedule 8, for " 73(2)(a)(c)" substitute "73(2)(c)".

ADMINISTRATION OF ESTATES ACT 1971 (c. 25)

1

• (1) Section 11 (sealing of Commonwealth and Colonial grants) shall be amended as follows.

• (2) In subsection (3)—

• (a) for “167 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 120 of the Supreme Court Act 1981 ”; and

• (b) omit “and orders”.

• (3) In subsection (8), for the definition of “probate rules and orders” substitute—

“probate rules” means rules of court made under section 127 of the Supreme Court Act 1981.

.

2

In section 14(3), for “8” substitute “ 9 ”.

MISUSE OF DRUGS ACT 1971 (c. 38)

In paragraph 5(2) of Schedule 3, for "49 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "36 of the Supreme Court Act 1981".

MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59)

In section 13(1) (extension of Admiralty jurisdiction in claims for damage done by ships), for the words from the beginning to " that Act" substitute "Paragraph 1(1)(d) of Schedule 1 to the Administration of Justice Act 1956".

TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)

In section 13(2), for " 27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

TOWN AND COUNTRY PLANNING ACT 1971 (c. 78)

In section 246(2), for "27 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "16 of the Supreme Court Act 1981".

LAND CHARGES ACT 1972 (c. 61)

In section 6(4) (effect of non-registration of writs and orders registrable under section 6), for " section 36(3) of the Administration of Justice Act 1956 " substitute "section 37(5) of the Supreme Court Act 1981".

HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)

In section 69(4), for " 27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

CONTROL OF POLLUTION ACT 1974 (c. 40)

In section 39(8), for "27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

MERCHANT SHIPPING ACT 1974 (c. 43)

In section 6(1) (extension of Admiralty jurisdiction in claims for damage done by ships), for the words from the beginning to " that Art " substitute "Paragraph 1(1)(d) of Schedule 1 to the Administration of Justice Act 1956 ".

SOLICITORS ACT 1974 (c. 47)

1

In section 19(2), for “120 of the Supreme Court of Judicature (Consolidation) Act 1925” substitute “ 94 of the Supreme Court Act 1981 ”.

2

After section 81 insert—

(81A) (1) The Lord Chancellor may, with the concurrence of the Lord Chief Justice and the Master of the Rolls, by order prescribe the fees to be charged by— (a) commissioners for oaths; and (b) solicitors exercising the powers of commissioners for oaths by virtue of section 81, in respect of the administration of an oath or the taking of an affidavit. (2) Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made. (3) In this section “affidavit” has the same meaning as in the Commissioners for Oaths Act 1889.

.

HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)

In Part III of Schedule 1, in the entry beginning " Officer of the Supreme Court ", for the words from " within " onwards substitute "being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981 or a district registrar, or assistant district registrar, of the High Court".

NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)

Part III of Schedule 1 shall have effect with the same amendment as is specified in the entry in this Schedule relating to the House of Commons Disqualification Act 1975.

EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34)

1

In section 4 (extension of powers of High Court etc. in relation to obtaining evidence for proceedings in that court) for the words from the beginning to “shall” substitute “ The Attendance of Witnesses Act 1854 (which enables the Court of Session to order the issue of a warrant of citation in special form, enforceable throughout the United Kingdom, for the attendance of a witness at a trial) shall ”.

2

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

FARRIERS (REGISTRATION) ACT 1975 (c. 35)

In paragraph 4(2) of Schedule 3, for " 49 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32)

In section 4—

INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46)

In section 19(2), for " 49 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "36 of the Supreme Court Act 1981".

MEDICAL ACT 1978 (c. 12)

In paragraph 2(2) of Schedule 4, for " 49 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44)

In paragraph 8(2) of Schedule 11, for "9 of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "10 of the Supreme Court Act 1981".

ARBITRATION ACT 1979 (c. 42)

In section 2(3), for "27 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

CHARGING ORDERS ACT 1979 (c. 53)

In section 5(2), for " 99 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

MAGISTRATES’ COURTS ACT 1980 (c. 43)

1

After section 43 insert—

(43A) (1) Where a person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before the Crown Court is brought before a magistrates’ court in pursuance of section 81(5) of the Supreme Court Act 1981— (a) the magistrates’ court shall commit him in custody or release him on bail until he can be brought or appear before the Crown Court at the time and place appointed by the Crown Court; (b) if the warrant is endorsed for bail, but the person in custody is unable to satisfy the conditions endorsed, the magistrates’ court may vary those conditions, if satisfied that it is proper to do so. (2) A magistrates’ court shall have jurisdiction under subsection (1) whether or not the offence was committed, or the arrest was made, within the court’s area.

.

FINANCE ACT 1980 (c. 48)

In section 94(2), for " 156A(2) of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "109(2) of the Supreme Court Act 1981".

JUDICIAL PENSIONS ACT 1981 (c. 20)

1

For subsection (2) of section 34 (county court registrars and assistant registrars) substitute—

(2) Nothing in this Act shall apply to a part-time registrar or part-time assistant registrar within the meaning of subsection (3) of section 22 of the County Courts Act 1959 (restrictions on practice).

.

2

Schedule 1 (pensions, etc. of certain judicial officers) shall be amended as follows—

• (a) in paragraph 1, for the list of Supreme Court officers (namely that beginning with “Master and Assistant Master of the Supreme Court, Queen’s Bench Division” and ending with “Registrar, and Assistant Registrar, of Criminal Appeals”) substitute—

Master, Queen’s Bench Division. Queen’s coroner and attorney and Master of the Crown Office. Admiralty Registrar. Master, Chancery Division. Registrar in Bankruptcy of the High Court. Taxing Master of the Supreme Court. Registrar, Principal Registry of the Family Division. Registrar of criminal appeals. Registrar of civil appeals. Master of the Court of Protection.

; and

• (b) in paragraph 4—

• (i) in sub-paragraph (1)(a), for “the prescribed number of years of” substitute “ 15 years ”, and

• (ii) omit sub-paragraph (2).

SCHEDULE 6

Continuance in office of Vice-Chancellor

1

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

Continuity of appointments of officers

2

• (1) Any person holding an office immediately before the commencement of this Act in the case of which provision for appointment is made by Part IV shall continue to hold that office as if he had been appointed under that Part (whether or not he is qualified to be so appointed).

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

Tenure, etc. of certain officers

3

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

4

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

5

This Act, so far as it amends or repeals any provision of Schedule 1 to the Judicial Pensions Act 1981, shall not have effect in relation to any person who was within paragraph 1 of that Schedule immediately before the commencement of this Act and either was then holding office or had previously retired or died.

Scheme for establishment of district probate registries

6

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

Inland Revenue affidavits

7

In relation to deaths occurring before 13th March 1975 (the date on which the Finance Act 1975 was passed)—

• (a) section 109 shall not apply; and

• (b) section 110 shall have effect as if at the end of paragraph (b) there were added the words “and the Inland Revenue affidavit within the meaning of Part I of the Finance Act 1894”.

Grants of representation made under provisions of 1925 Act not reproduced in this Act

8

Nothing in the repeals made by this Act shall affect—

• (a) any grant made before the commencement of this Act under any of the following provisions of the 1925 Act, namely section 162(1) and proviso (a) thereto and sections 164 and 165; or

• (b) the continued operation of subsections (2) and (3) of section 164 of that Act in relation to any grant so made under that section.

Minor executors

9

Any appointment of a minor as executor which, immediately before the commencement of this Act, was by virtue of section 165(2) of the 1925 Act rendered ineffective for the purposes mentioned in that subsection shall continue to be ineffective for those purposes unless and until probate is granted to the person in question in accordance with probate rules.

Administration bonds given before 1st January 1972

10

Nothing in this Act shall affect the continued operation of section 167 of the 1925 Act, as in force before 1st January 1972 (the date on which the Administration of Estates Act 1971 came into force), in relation to the enforcement or assignment of any administration bond given under that section before that date.

Grants and resealings liable to revocation or cancellation at instance of court

11

Section 121 applies whether the grant in question was made or (as the case may be) resealed before or after the commencement of this Act.

Appeals from certain orders and decisions under section 54(3) of Magistrates’ Courts Act 1952

12

In paragraph 3(d) of Schedule 1, the reference to an order or decision made under section 63(3) of the Magistrates’ Courts Act 1980 includes a reference to an order or decision made under section 54(3) of the Magistrates’ Courts Act 1952.

Interpretation

13

• (1) In this Schedule “the 1925 Act” means the Senior Courts of Judicature (Consolidation) Act 1925.

• (2) Nothing in this Schedule shall be taken as prejudicing the operation of the provisions of the Interpretation Act 1978 as respects the effect of repeals.

SCHEDULE 7

The High Court.

The Court of Appeal

The High Court

General jurisdiction

Admiralty jurisdiction

Other particular fields of jurisdiction

28A

• (1) This section applies where a case is stated for the opinion of the High Court—

• (a) by a magistrates’ court under section 111 of the Magistrates’ Courts Act 1980; or

• (b) by the Crown Court under section 28(1) of this Act.

• (2) The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.

• (3) The High Court shall hear and determine the question arising on the case (or the case as amended) and shall—

• (a) reverse, affirm or amend the determination in respect of which the case has been stated; or

• (b) remit the matter to the magistrates’ court, or the Crown Court, with the opinion of the High Court,

and may make such other order in relation to the matter (including as to costs) as it thinks fit.

• (4) Except as provided by the Administration of Justice Act 1960 (right of appeal to Supreme Court in criminal cases), a decision of the High Court under this section is final.

31A

• (1) This section applies where an application is made to the High Court—

• (a) for judicial review, or

• (b) for permission to apply for judicial review.

• (2) If Conditions 1, 2 and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.

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

• (3) If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

• (4) Condition 1 is that the application does not seek anything other than—

• (a) relief under section 31(1)(a) and (b);

• (b) permission to apply for relief under section 31(1)(a) and (b);

• (c) an award under section 31(4);

• (d) interest;

• (e) costs.

• (5) Condition 2 is that the application does not call into question anything done by the Crown Court.

• (6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

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

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

Powers

32A

• (1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

• (2) Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—

• (a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

• (b) further damages at a future date if he develops the disease or suffers the deterioration.

• (3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.

• (4) Nothing in this section shall be construed—

• (a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or

• (b) as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

35A

• (1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

• (a) in the case of any sum paid before judgment, the date of the payment; and

• (b) in the case of the sum for which judgment is given, the date of the judgment.

• (2) In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—

• (a) with the substitution of “shall be included” for “may be included”; and

• (b) with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.

• (3) Subject to rules of court, where—

• (a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and

• (b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

• (4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

• (5) Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides.

• (6) Interest under this section may be calculated at different rates in respect of different periods.

• (7) In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

• (8) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

40A

• (1) Where an interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards its administrative and clerical expenses in complying with the order; and the right . . . to make a deduction under this subsection shall be exercisable as from the time the interim third party debt order is served on it.

• (1A) In subsection (1) “the relevant debt or debts”, in relation to an interim third party debt order served on a deposit-taker, means the amount, as at the time the order is served on it, of the debt or debts of which the whole or a part is expressed to be attached by the order.

• (1B) A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.

• (2) An amount may not in pursuance of subsection (1) be deducted or, as the case may be, retained in a case where, by virtue of section 346 of the Insolvency Act 1986 or section183 of the Insolvency Act 1986 or otherwise, the creditor is not entitled to retain the benefit of the attachment.

• (3) In this section—

• “deposit-taker” has the given by section 40(6); and

• “prescribed” means prescribed by an order made by the Lord Chancellor.

• (4) An order under this section—

• (a) may make different provision for different cases; . . .

• (b) without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.

• (c) may provide for this section not to apply to deposit-takers of any prescribed description.

• (5) Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

43ZA

• (1) Where the High Court quashes the committal of a person to prison or detention by a magistrates’ court or the Crown Court for—

• (a) a default in paying a sum adjudged to be paid by a conviction; or

• (b) want of sufficient goods to satisfy such a sum,

the High Court may deal with the person for the default or want of sufficient goods in any way in which the magistrates’ court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed.

• (2) If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates’ court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period).

• (3) In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where—

• (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

• (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

43A

In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.

Other provisions

The Crown Court

46A

• (1) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act.

General Provisions

Law and equity

Costs

The Court of Appeal

Distribution of business

Composition of court

56A

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

56B

• (1) The appeals or classes of appeals suitable for allocation to a court of the criminal division of the Court of Appeal in which a Circuit judge is acting under section 9 shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice after consulting the Lord Chancellor.

• (2) In subsection (1) “appeal” includes the hearing of, or any application in proceedings incidental or preliminary to, an appeal.

Sittings and vacations

Other provisions

The High Court

Distribution of business

Divisional courts

Mode of conducting business

Sittings and vacations

Other provisions

The Crown Court

Composition of court

Distribution of business

Sittings

Other provisions

Rules of Court

86A

• (1) Crown Court rules must be submitted to the Lord Chancellor after being made by the Lord Chief Justice

• (2) The Lord Chancellor may allow or disallow rules so made.

• (3) If the Lord Chancellor disallows rules, he must give the Lord Chief Justice written reasons for doing so.

• (4) Rules so made and allowed by the Lord Chancellor—

• (a) come into force on such day as the Lord Chancellor directs, and

• (b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

• (5) A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) In this section and section 86B “Crown Court rules” means rules of court made under section 84.

86B

• (1) This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

• (2) The Lord Chief Justice must make such Crown Court rules as the Lord Chief Justice considers necessary to achieve the specified purpose.

• (3) Those rules must be—

• (a) made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;

• (b) made in accordance with section 86A.

138A

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

138B

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

Appointment of judges of Senior Courts.

Tenure of office of judges of Senior Courts.

References in this Schedule to a person having a general qualification shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.

References in this Schedule to a person having a general qualification shall be construed in accordance with section 71 of the Courts and Legal Services Act 1990.

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

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

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

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

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

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

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

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

In section 10(1), for the definition of “matrimonial cause” substitute—

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

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

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

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

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

2

In section 87(2) for “penalty” substitute “ sum ”.

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

Editorial notes

[^c12330351]: For extent see s. 153(4)(5)

[^c12330361]: By Criminal Justice Act 1991 (c. 53 SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

[^c20845571]: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c20712571]: Words in s. 1 and side-note substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c20712261]: Words in s. 1 cross-heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c12330371]: S. 2(1) amended by virtue of S.I. 1983/1705, art. 2, 1987/2059, art. 2 (maximum number of ordinary judges prescribed by s. 2(1) increased from 18 to 28) S. 2(1) amended (11.3.1993) by S.I. 1993/605, art.2 (maximum number of ordinary judges prescribed by s. 2(1) increased to 29) S. 2(1) amended (15.12.1994) by S.I. 1994/3217, art.3 (maximum number of ordinary judges prescribed by s. 2(1) increased to 32) S. 2(1) amended (25.4.1996) by S.I. 1996/1142, art.2 (maximum number of ordinary judges prescribed by s. 2(1) increased to 35) S. 2(1) amended (21.11.2002) by The Maximum Number of Judges Order (S.I. 2002/2837), {art.2} (maximum number of ordinary judges prescribed by s. 2(1) increased to 37)

[^c12330381]: Ss. 2(1), 4(1), 12(1)-(6) modified (9.11.1998) by 1998 c. 42, s. 18(4)(a) (with ss. 7(8), 22(5)) S. 2(1) modified (27.9.1999) by 1999 c. 22, ss. 68(3)(c), 108(3)(b) (with Sch. 14 para. 7(2))

[^c20656251]: S. 2(2)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 115(2)(a), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(f), 30(b)

[^c20656151]: Words in s. 2(2)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 115(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(f)

[^c20656071]: Words in s. 2(2)(c) substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 22(2); S.I. 2009/1604, art. 2(e)

[^c20654931]: S. 2(2)(f)-(h) substituted (1.10.2005) for s. 2(2)(f)(g) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 115(2)(c); S.I. 2005/2505, art. 2(c)

[^c20656171]: Words in s. 2(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 115(2)(d); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(f)

[^c20656211]: S. 2(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 115(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(f)

[^c20625661]: S. 2(3) substituted (26.1.2004) by Courts Act 2003 (c. 39), ss. 63(1), 110; S.I. 2003/3345, art. 2(a)(ii)

[^c20656231]: S. 2(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 115(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(f)

[^c20656261]: Words in s. 2(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 115(5)(a), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(f), 30(b)

[^c20654971]: Words in s. 2(6) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 115(5)(b); S.I. 2005/2505, art. 2(c)

[^c20656341]: Words in s. 3(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 116(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(g)

[^c20656361]: S. 3(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 116(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(g)

[^c12330431]: Ss. 2(1), 4(1), 12(1)-(6) modified (9.11.1998) by 1998 c. 42, ss. 18(4)(a), 22(2) (with ss. 7(8), 22(5)) S. 4(1) modified (27.9.1999) by 1999 c. 22, s. 68(3)(c), 108(3)(b) (with Sch. 14 para. 7(2))

[^c20656761]: S. 4(1)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 117(2)(a), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(h), 30(b)

[^c20656671]: S. 4(1)(ba)-(d) substituted (1.10.2005) for s. 4(1)(c)(d) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 117(2)(b); S.I. 2005/2505, art. 2(c)

[^c12330441]: S. 4(1)(dd) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 72(6)(a)

[^c12330451]: S. 4(1)(ddd) inserted (27.9.1999) by 1999 c. 22, ss. 69(2)(a), 108(3)(b) (with Sch. 14 para. 7(2))

[^c20656731]: S. 4(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 117(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(h)

[^c20656771]: Words in s. 4(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 117(4)(a), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(h), 30(b)

[^c20656691]: Words in s. 4(6) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 117(4)(b); S.I. 2005/2505, art. 2(c)

[^c12330471]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 72(6)(b)

[^c12330481]: Words in s. 4(6) inserted (27.9.1999) by 1999 c. 22, ss. 69(2)(b), 108(3)(b) (with Sch. 14 para. 7(2))

[^c20656891]: Words in s. 5(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)

[^c20656821]: Words in s. 5(1)(b) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(3); S.I. 2005/2505, art. 2(c)

[^c12330501]: Words in s. 5(1)(b) inserted (27.9.1999) by 1999 c. 22, ss. 69(3), 108(3)(b) (with Sch. 14 para. 7(2))

[^c20656911]: Words in s. 5(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)

[^c12330511]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 12

[^c20656941]: Words in s. 5(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)

[^c20656981]: S. 5(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 118(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)

[^c20657061]: Words in s. 6(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 119(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(j)

[^c20657101]: S. 6(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 119(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(j)

[^c20657251]: Words in s. 7(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 120(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(k)

[^c20657271]: Words in s. 7(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 120(3)(a), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(k), 30(b)

[^c20657231]: Words in s. 7(2) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 120(3)(b); S.I. 2005/2505, art. 2(c)

[^c20625791]: S. 8(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 259(2); S.I. 2005/910, art. 3(y)

[^c12330681]: S. 9 restricted (31.3.1995) by 1993 c. 8, s. 26(7)(c) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

[^c12330691]: Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(a); S.I. 1994/3258, art.2.

[^c12330701]: Words in the Table in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(b); S.I. 1994/3258, art.2.

[^c12330711]: Entry added by Administration of Justice Act 1982 (c. 53, SIF 37), s. 58

[^c12330731]: Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(c); S.I. 1994/3258, art.2.

[^c12330741]: S. 9(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

[^c20658321]: S. 9(2): definition of "the appropriate authority" substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

[^c20658421]: Words in s. 9(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 121(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(l), 30(b)

[^c20658341]: S. 9(2A)-(2D) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

[^c12330771]: 1971 c. 23.

[^c20658361]: Words in s. 9(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(4)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

[^c20658381]: Words in s. 9(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(4)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

[^c12330781]: S. 9(4A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(2) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

[^c12330791]: Words in s. 9(5) substituted (11.1.1995) by 1994 c. 33, s. 52(4); S.I. 1994/3258, art.2.

[^c12330801]: S. 9(6)(b) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

[^c12330811]: S. 9(6A) inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art.2.

[^c20625901]: Words in s. 9(6A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 260; S.I. 2005/910, art. 3(y)

[^c12330821]: 1968 c. 19.

[^c20713491]: Words in s. 9(6A) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 36(2); S.I. 2009/1604, art. 2(d)

[^c12330831]: S. 9(7) repealed (31.3.1995) by 1993 c. 8, s. 31(4), Sch.9; S.I. 1995/631, art.2.

[^c20658401]: S. 9(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

[^c20713531]: Words in s. 10 sidenote substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c20658911]: Words in s. 10(1) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(2)(a); S.I. 2005/2505, art. 2(c)

[^c20659061]: Words in s. 10(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)

[^c20659081]: Words in s. 10(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)

[^c20658931]: Words in s. 10(3)(a) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(4); S.I. 2005/2505, art. 2(c)

[^c12330841]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(1)(a)

[^c20659031]: S. 10(3)(b)(i)(c)(i) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50(6), 148, Sch. 10 para. 13(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

[^c12330851]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(1)(b)

[^c20659101]: S. 10(4)-(8) substituted (3.4.2006) for s. 10(4) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)

[^c20713641]: Words in s. 11 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c20659261]: Words in s. 11(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 123(3), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(n), 30(b)

[^c20659241]: S. 11(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 123(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11

[^c20659291]: Words in s. 11(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 15, 145, 148, Sch. 17 para. 22(4); S.I. 2009/1604, art. 2(e)

[^c20659191]: Words in s. 11(9) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 145, Sch. 4 para. 123(4); S.I. 2005/2505, art. 2(c)

[^c12330901]: S. 11(10) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

[^c20713671]: Words in s. 12 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c12330921]: Ss. 2(1), 4(1), 12(1)-(6) modified (9.11.1998) by 1998 c. 42, ss. 18(4)(a), 22(2) (with ss. 7(8), 22(5)) S. 12(1)-(6) modified (27.9.1999) by 1999 c. 22, ss. 68(3)(a), 108(3)(b) (with Sch. 14 para. 7(2)).

[^c20660261]: Words in s. 12(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 124, Sch. 18 Pt. 2; S.I. 2006/1604, art. 2(a), Sch. 1 paras. 11, 30

[^c12330961]: S. 12(4) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), ss. 84(f), 125(7), Sch. 20 (subject to a saving in s. 125(6), Sch. 19 para. 10(5))

[^c12330991]: Words in s. 12(7) inserted (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para. 15(1); S.I. 1995/631, art.2.

[^c20714571]: Words in s. 13 substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

[^c20660441]: Words in s. 13(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 22(5); S.I. 2009/1604, art. 2(e)