Part I Courts and Judges

High Court

1 Redistribution of business among divisions of the High Court.

(1)–(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1(6)In accordance with the foregoing subsections—

(a)the enactments specified in Schedule 2 to this Act ( [^F2that is to say, the said Act of 1925 and other^F2] enactments relative to the High Court, its jurisdiction, judges, divisions and business) shall be amended as shown in that Schedule; and

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

(7),(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12 Admiralty Court.

(1)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F43 Commercial Court.

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

^F5,F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F87—8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9 Court of Appeal

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10 Patents and Registered Designs Appeal Tribunals

10 Temporary additional judges._cross-notes

[^F11(1)This section applies if both of the following conditions are met—

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

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

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

(a)a judge of the Court of Appeal;

^F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)one of Her Majesty's Counsel.

(1B)An appointment under this section is—

(a)for such period, or

(b)for the purpose of hearing such appeals,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.^F11]

(2)A person appointed to [^F13the^F13] Tribunal under this section shall, while sitting and acting as aforesaid, have all the jurisdiction of, but shall not otherwise be deemed to be, a judge of the Tribunal.

(3)The Lord Chancellor may pay to a person appointed to [^F13the^F13] Tribunal under this section (other than a judge of the Court of Appeal) such remuneration as he may determine with the approval of the Minister for the Civil Service; and any such remuneration shall be included in the expenses of the Tribunal.

(4)^F14,M1In this section . . . “the Registered Designs Appeal Tribunal” means the Appeal Tribunal constituted under section 28 of the Registered Designs Act 1949[^F15as amended by section 24 of the ^M2Administration of Justice Act 1969^F15] .

[^F16(4A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.^F16]

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

Part II Enforcement of Debt

Provisions restricting sanction of imprisonment

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

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

(a)^F17by the High Court in respect of a High Court maintenance order; ...

(b)by [^F18the county court^F18][^F19in respect of a judgment^F19] or order which is enforceable by a court in England and Wales and is for the payment of any of the taxes, contributions [^F20premiums^F20] or liabilities specified in Schedule 4 to this Act. [^F21; and

(c)by the family court in respect of a High Court or family court maintenance order.^F21]

12 Restriction on magistrates’ power of committal for civil debt.

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

^F2213—26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F23 Enforcement by attachment of earnings

27_cross-notes

(1),(2).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24(3)In section 1 of the Act of 1958 (introductory provisions setting out the scheme of Part I as respects registration in one court of a maintenance order made by another), after subsection (1) there shall be inserted the following subsection:—

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

28 Other provisions for interpretation of Part II.

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

• ^F25,F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ^F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ^F26,F25,F25“High Court maintenance order” [^F27 “and family court maintenance order”^F27] and . . . mean respectively a maintenance order enforceable by the High Court [^F28and the family court^F28] . . . ;

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

• ^F26“maintenance order” means any order [^F29, decision, settlement[^F30, arrangement^F30] or instrument^F29] specified in Schedule 8 to this Act and includes [^F31one^F31] which has been discharged [^F32or has otherwise ceased to operate^F32] , if any arrears are recoverable thereunder;

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

^F26(2)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F33 Supplementary

29_cross-notes

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F34(5)In Part VII of the said Act of 1959 (administration orders)—

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

^F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F37Part III Discovery and Related Procedures

[^F3831 Power of court to order disclosure, etc. of documents before commencement of proceedings.

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

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

(b)to produce to the applicant such of those documents as are in his possession,custody or power.^F38]

[^F3932 Extension of existing powers of court to order disclosure of documents,inspection of property, etc.

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

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

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

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

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

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

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

(4)In this section “property” includes any land,chattel or other corporeal property of any description.^F39]

[^F4033

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

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

(3)In this Part of this Act “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.^F40]

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

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

^F41(2)^M3In the application of the provisions of this Part of this Act to Northern Ireland, “the High Court” means the High Court of Justice in Northern Ireland, the reference in section 33(1) to section 99 of the Supreme Court of Judicature (Consolidation) Act 1925 shall be construed as a reference to [^F42section 55 of the Judicature (Northern Ireland) Act 1978^F42] , and subsection (1) above shall be omitted.

[^F4335 Application to Crown.

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

(2)Section 21 of the ^M4Administration of Justice Act 1969 (power of court to order inspection, custody, etc. of property pending commencement of action) shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

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

(4)In this section references to the Crown do not include references to Her Majesty in Her private capacity nor to Her Majesty in right of Her Duchy of Lancaster, nor to the Duke of Cornwall.^F43]

Part IV Actions by Mortgagees for Possession

36 Additional powers of court in action by mortgagee for possession of dwelling-house. _cross-notes

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

(2)The court—

(a)may adjourn the proceedings, or

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

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

(ii)postpone the date for delivery of possession,

for such period or periods as the court thinks reasonable.

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

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

(5)^F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

37, 38. Exclusive jurisdiction of county court in certain mortgage actions.

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

^F45[^F4638A

This Part of this Act shall not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the ^M5Consumer Credit Act 1974.^F46]

39 Interpretation of Part IV.

(1)In this Part of this Act—

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

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

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

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

Part V Miscellaneous Provisions

40 Punishment for unlawful harassment of debtors.

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

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

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

(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

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

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

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

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

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

[^F47(3A)Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of [^F48Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024^F48] and the other is a consumer in relation to that practice.^F47]

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than [^F49level 5 on the standard scale^F49] .

41 Recovery of costs and compensation awarded by magistrates, assizes, quarter sessions, etc._cross-notes

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

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

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

(2)In the cases specified in Part II of the said Schedule (being cases where a court makes an order against the prosecutor in criminal proceedings, and certain cases where an order for costs arises out of an appeal to [^F50the Crown Court^F50] in proceedings which are not criminal) any sum required to be paid by such an order as is there mentioned shall be enforceable as if the order were for the payment of money recoverable summarily as a civil debt.

(3)Without prejudice to the foregoing subsections, but subject to subsection (4) below, in the cases specified in Schedule 9 to this Act any sum required to be paid by such an order as is there mentioned shall be enforceable by the High Court or [^F51the county court ^F51] (otherwise than by issue of a [^F52writ of control^F52] or other process against goods or by imprisonment or attachment of earnings) as if the sum were due in pursuance of a judgment or order of the High Court or county court as the case may be.

^F53(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F53(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F54(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F55(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^X1(7)^M6In section 32(2) of the Courts-Martial (Appeals) Act 1968 (enforcement of order for costs against unsuccessful appellant or applicant for leave to appeal to that court), for paragraph (a) there shall be substituted the following:—

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

[^F56(8)Subject to subsection (8A) below, where in the case specified in paragraph 10 [^F57, 12B or 12C^F57] of Schedule 9 to this Act the Crown Court thinks that the period for which the person subject to the order is liable apart from this subsection to be committed to prison for default under the order is insufficient, it may specify a longer period for that purpose; and then, in the case of default—

(a) the specified period shall be substituted as the maximum for which the person may be imprisoned under section 76 of the Magistrates’ Courts Act ^M7 1980; and

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

(8A)The Crown Court may not specify under subsection (8) above a period of imprisonment longer than that which it could order a person to undergo on imposing on him a fine equal in amount to the sum required to be paid by the order.^F56]

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

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5843. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5944 Interest on judgment debts.

(1)^M8The Lord Chancellor may by order made with the concurrence of the Treasury direct that section 17 of the Judgments Act 1838 (as that enactment has effect for the time being whether by virtue of this subsection or otherwise) shall be amended so as to substitute for the rate specified in that section as the rate at which judgment debts shall carry interest such rate as may be specified in the order.

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

44A^F60Interest on judgment debts expressed in currencies other than sterling._cross-notes

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

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

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

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

^F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6447. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6548 Variation in rate of payments in maintenance order registered in magistrates’ court. _cross-notes

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

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

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

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6751 Minor amendments of Children and Young Persons Act 1969 (c. 54)._cross-notes

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

^F68(2)The following paragraph shall be inserted after paragraph 1 of Schedule 4 to the Act of 1969 (transitional provisions and savings)—

“1A(1)Where—

(a)before the date when section 1 of this Act comes into force any child or young person (hereafter in this paragraph referred to as “the relevant infant”) has been brought before a juvenile court under section 62 of the Children and Young Persons Act 1933 or has been brought before such a court by virtue of a provision of section 40 or 40A of the Education Act 1944; and

(b)immediately before that date that court has neither made any order which it had power to make in respect of the relevant infant under the said section 62 nor dismissed the case,

nothing in paragraph 13 of Schedule 5 to this Act nor in any provision of Schedule 6 thereto shall prevent the proceedings before that court in respect of the relevant infant being continued ; but the court shall in those proceedings have power to make any order which it has power to make in proceedings under section 1 of this Act and shall not have power to make any other order, and subsections (3), (4) and (5) of the said section 1 and subsections (10) and (13) of section 2 of this Act shall have effect accordingly with aqny necessary modifications.

(2)For the purposes of subsection (12) of the said section 2, any order made in respect of the relevant infant by virtue of sub-paragraph (1) of this paragraph shall be deemed to be made under section 1 of this Act.

(3)Any record of a finding of the fact that the relevant infant is in need of care or protection made in pursuance of section 5 of the Children and Young Persons Act 1938 in any such proceedings as are referred to in sub-paragraph (1) of this paragraph shall, notwithstanding the repeal of the said section 5 by this Act, be admissible as evidence of that fact in those proceedings.”

(3)^F69,F69,M9In this section . . . and “the Act of 1969” mean respectively . . . and the Children and Young Persons Act 1969.

Part VI General

52 Financial provisions.

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

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7054 Citation, interpretation, repeals, commencement and extent._cross-notes

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

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

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

(4)^F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(a)^F72,F72,F73sections 1(6) . . . and Schedules 2 . . . , so far as they relate to any enactment which extends to Northern Ireland . . . ;

(b)Part III; and

(c)^F73,F75sections 36, [^F7438A^F74] , 39 . . . . . .

^F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES

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

^F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1.

SCHEDULE 2 AMENDMENT OF ENACTMENTS CONSEQUENTIAL ON SECTION 1_cross-notes

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F78The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

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

The Administration of Estates Act 1925 (c.23)

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

4In section 47A of the said Act of 1925 (life interest of surviving spouse on an intestacy), in subsection (7), for the words “principal probate registrar” substitute the words “principal registrar of the Family Division of the High Court”.

^F795. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

References to Probate Division and its President

[^F806In the following provisions of the Supreme Court of Judicature (Consolidation) Act 1925, for the words “Probate, Divorce and Admiralty Division” or “Probate Division”, in each place where they occur, substitute the words “Family Division”:—

• section 2 (constitution of High Court), subsection (1) ;

• section 3 (qualification to sit as judge), subsection (1) ;

• section 4 (divisions of High Court), subsections (1)(iii) and (2) ;

• section 6 (constitution of Court of Appeal), subsection (2) ;

• section 9 (qualification of judges), subsection (3) ;

• section 16 (precedence of judges), subsections (2) and (2a) ;

• section 70 (commissioners of assize), subsections (3) and (5) ;

• section 99 (rules of court), subsections (4) and (6) ;

• section 100 (rules about non-contentious probate business), subsection (1) ;

• section 108 (district probate registries), subsections (2), (3) and (5) ;

• section 109 (clerks of district probate registries), subsections (1) and (2) ;

• section 113 (power to abolish offices) ;

• section 115 (tenure of officers of Supreme Court), subsection (3) ;

• section 116 (appointment of deputies for court officers), subsection (4) ;

• section 128A (district probate registrar), subsections (2) and (3)

• section 152 (duties of district probate registrars), subsection (2), (3), (5) and (6) ;

• section 156 (calendars of grants), subsection (2) ;

• section 157 (copies of will to be delivered to Revenue) ;

• section 172 (depositories of wills of living persons) ;

• section 174 (seals for use in probate registries), subsection (1) ;

• section 220 (documents filed in, or in custody of, central office), subsection (3) ;

• Schedule 2 (district probate registries), paragraph 2 ;

• Schedule 3, Part I (officers to whom special provisions as to appointment, retirement and pension apply).^F80]

[^F81 Other amendments in Parts I to V

7In section 5 of the said Act of 1925 (power to alter divisions by Order in Council), in subsection (1), for the words “on a report or reccomendation of the council of judges of the Supreme Court assembled in persuance of the provisions of Part Xof this Act”, substitute the words “on a recommendation of the Lord Chancellor, the Lord Cheif Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor”

8In section 56 of the said Act of 1925 (allocations of business to divisions)—

9For section 107 of the said Act of 1925 (principal probate registry) substitute—

“107The principal registry of the Family Division, for the purpose of non-contentious or common form probate business, shall remain in London, unless Her Majesty by Order in Council appoints some other place for it.”^F81]

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F82[^F8311In Schedule 3 to the said Act of 1925, Part I (officers to whom special provisions as to appointment, retirement and pension apply), after the words “Assistant Master of the Supreme Court (King’s Bench Division)” insert the words “Admiralty Registrar”.^F83]

[^F84 Amendments of references in Part VII to principal probate registry and registrar

12In the following provisions of the said Act of 1925, for the words “the principal probate registry”, in each place where they occur, substitute the words “the principal registry of the Family Division”:—

• section 126 (qualification for appointment to certain offices), subsection (3) ;

• section 150 (application for grants) ;

• section 151 (grants in district probate registries), subsection (3) ;

• section 152 (duties of district probate registrars), subsections (1), (2), (3), (4) and (5) ;

• section 154 (caveats), subsections (1) and (2) ;

• section 156 (records of grants), subsection (1) ;

• section 168 (resealing of Scottish confirmations), subsections (1), (2) and (3) ;

• section 169 (resealing of Northern Irish grants), subsections (1), (2) and (3) ;

• section 170 (deposit of wills, etc.) ;

• section 171 (official copies of wills), paragraphs (b) and (c) ;

• section 174 (seals for use in probate registries), subsection (1).^F84]

[^F8513In section 157 of the said Act of 1925 (copies of wills to be delivered to Commissioners of Inland Revenue), for the words “every probate registry” substitute the words “the principal registry of the Family Division and every district probate registry”.^F85]

[^F8614In the following provisions of the said Act of 1925, for the words “the principal probate registrar”, in each place where they occur, substitute the words “the principal registrar of the Family Division”:—

• section 167 (administration bonds), subsection (2) ;

• section 168 (re-sealing of Scottish confirmations), subsection (3) ;

• section 169 (re-sealing of Northern Irish grants), subsection (2) ;

• section 171 (official copies of wills), paragraph (c).^F86]

[^F8715In section 167 of the said Act of 1925 (administration bonds), in subsection (1), for the words from “senior” to “principal probate registrar”, where last occurring, substitute the words “principal registrar of the Family Division and, subject to the provisions of this section, if that registrar” ; and in subsection (4), for the words “the principal probate registrar” substitute the words “the principal registrar of the Family Division or, before the coming into force of section 1 of the Administration of Justice Act 1970, the principal probate registrar”.^F87]

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F89The Supreme Court Officers (Pensions) Act 1954 (c. 38)

[^F9018In section 2 of the Supreme Court Officers (Pensions) Act 1954(judges’ secretaries and clerks), in subsections (2), (5) and (6), for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division”.^F90]

The Public Records Act 1958 (c. 51)

19In section 8 of the Public Records Act 1958 (deposit and custody of court records), in subsection (5), for the words “Probate Division” substitute the words “Family Division”.

[^F91The Judicial Pensions Act 1959 (c. 9)

20In Schedule 1 to the Judicial Pensions Act 1959(judicial offices qualifying for pension at rates set out in section 1) for the words “Probate, Divorce and Admiralty Division” substitute the words “Probate, Divorce and Admiralty, or Family Division”.^F91]

[^F92The County Courts Act 1959 (c. 22)

21In section 42 of the County Courts Act 1959 (jurisdiction by agreement in certain actions) for the words “Probate, Divorce and Admiralty Division” substitute the words “Family Division or have involved the exercise of the High Court’s Admiralty jurisdiction”.^F92]

[^F9322At the end of section 54(2) of the said Act of 1959 (transfer of equity proceedings from High Court to county court) insert the words “other than a matter in relation to which section 63 of this Act applies”.^F93]

[^F9423In section 62(1) of the said Act of 1959 (probate jurisdiction) and section 63 thereof (transfer of probate proceedings from High Court to county court), for the words “principal probate registry”, in each place where they occur, substitute the words “principal registry of the Family Division”.^F94]

The County Courts Act 1959 (c.22)

24In section 64 of the said Act of 1959 (effect of order of judge in probate proceedings), in paragraph (a), after the word “principal” insert the words “registry of the Family Division” ; and, in paragraph (b), for the words “principal probate registry” substitute the words “principal registry of the Family Division”.

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F95The Matrimonial Causes Act 1967 (c. 56)

26^F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9728^F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F99 SCHEDULE 3

1In this Schedule—

(a)^M10“the Act” means the Arbitration Act 1950;

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

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

2In section 1 of the Act (authority of arbitrator to be irrevocable except by leave of the court), in its application to a judge-arbitrator or judge-umpire, the Court of Appeal shall be substituted for the High Court.

3The power of the High Court under section 7 of the Act (vacancy among arbitrators supplied by parties) to set aside the appointment of an arbitrator shall not be exercisable in the case of the appointment of a judge-arbitrator.

4Section 8(3) of the Act (power of High Court to order umpire to enter immediately on reference as sole arbitrator) shall not apply to a judge-umpire; but a judge-umpire may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, enter on the reference in lieu of the arbitrators and as if he were the sole arbitrator.

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

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

6Section 13(2) and (3) of the Act (extension of time for making award; provision for ensuring that reference is conducted with reasonable dispatch) shall not apply to a reference to a judge-arbitrator or judge-umpire; but a judge-arbitrator or judge-umpire may enlarge any time limited for making his award (whether under the Act or otherwise), whether that time has expired or not.

8(1)Section 19 of the Act (power of the High Court to order delivery of award on payment of arbitrators’fees into court) shall not apply with respect to the award of a judge-arbitrator or judge-umpire.

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

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

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

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

9(1)^F100In sections . . . , 22 and 23 of the Act (special case, remission and setting aside of awards, etc.), in their application to a judge-arbitrator or judge-umpire, and to a reference to him and to his award thereon, the Court of Appeal shall be substituted for the High Court.

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

^F10110(1)Section 24(2) of the Act (removal of issue of fraud for trial in the High Court) shall not apply to an agreement under or by virtue of which a judge-arbitrator or judge-umpire has been appointed; nor shall leave be given by the High Court under that subsection to revoke the authority of a judge-arbitrator or judge-umpire.

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

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

11Section 25 of the Act (powers of court on removal of arbitrator or revocation of arbitration agreement) shall be amended as follows:—

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

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

12The leave required by section 26 of the Act (enforcement in High Court) for an award on an arbitration agreement to be enforced as mentioned in that section may, in the case of an award by a judge-arbitrator or a judge-umpire, be given by the judge-arbitrator or judge-umpire himself.

Sections 11, 12 and 14.

SCHEDULE 4 Taxes, Social Insurance Contributions, etc. subject to Special Enforcement Provisions in Part II

1^M11Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the Taxes Management Act 1970.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1023[^F103Contributions equivalent premiums^F103] under Part III of the ^M12[^F104Pension Schemes Act 1993^F104]

3AClass 1, 2 and 4 contributions under Part I of the ^M13[^F105Social Security Contributions and Benefits Act 1992^F105] .

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F106SCHEDULES 5–7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28.

SCHEDULE 8 Maintenance Orders for purposes of 1958 Act and Part II of this Act

1^M14An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1965(ancillary relief in actions for divorce etc.).

2An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).

[^F1082AAn order for periodical or other payments made, or having effect as if made, under Pt.II of the ^M15Matrimonial Causes Act 1973^F108] .

3An order for maintenance or other payments to or in respect of a spouse or child being an order made, [^F109under Part I of the ^M16Domestic Proceedings and Magistrates’ Courts Act 1978^F109] .

[^F1104An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.^F110]

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1116An order

[^F112(a)made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989[^F113or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014^F113]; or

(b)^F114made under^F112] . . . section 23 of the Ministry of Social Security Act 1966^F115[^F116. . . section 18 of the Supplementary Benefits Act 1976^F116][^F117or section 24 of the Social Security Act 1986^F117][^F118or section 106 of the Social Security Administration Act 1992^F118] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

7^F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8_C15^M17An order to which section 16 of the Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.

9^M18A maintenance order within the meaning of the Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F120[^F12111 A maintenance order within the meaning of Part I of the ^M19 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in [^F122the family court^F122] under the said Part I. ^F121]

^F12312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12513A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12613B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F12713C.A decision or maintenance arrangement which is registered in [^F128the family court^F128] under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.^F127]

[^F12914An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.^F129]

[^F13015An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.^F130]

Section 41.

SCHEDULE 9 Enforcement of Orders for Costs, Compensation, etc._cross-notes

Part I Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistrates

1Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor.

[^F1311AWhere a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.^F131]

2Where an appellant to [^F132the Crown Court^F132] against conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

Costs awarded by assizes and quarter sessions

3Where a person appeals to [^F133the Crown Court^F133] against conviction or sentence by a magistrates’ court, and [^F133the Crown Court^F133] makes an order as to costs to be paid by him.

4^F134Where a person is prosecuted or tried on indictment . . . before [^F135the Crown Court^F135] and is convicted, and the court [^F136makes an order as to costs to be paid by him^F136] .

[^F1374AWhere the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.^F137]

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F138 Costs awarded by Court of Appeal (criminal division) or House of Lords

[^F1396Where the criminal division of the Court of Appeal makes an order as to costs to be paid by—

(a)an appellant;

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

(c)in the case of an application for leave to appeal to the [^F140Supreme Court^F140], an applicant who was the appellant before the criminal division.^F139]

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F141 Miscellaneous orders for costs, compensation, damages etc.

[^F1429Where a court makes an order by virtue of [^F143regulations made under section 19(5) of the Prosecution of Offences Act 1985^F143] for the payment of costs by an offender.^F142]

[^F1449AWhere a court orders the payment of a charge in respect of relevant court costs under [^F145section 46 of the Sentencing Code^F145].^F144]

[^F14610Where under [^F147Chapter 2 of Part 7 of the Sentencing Code^F147] a court orders the payment of compensation.^F146]

12^F149Where under [^F148section 380 of the Sentencing Code^F148] a court orders any fine, . . . compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person.

[[^F150,F15112A^F151]Where under [^F152section 42 of the Sentencing Code^F152] a court orders the payment of a surcharge.^F150]

[[^F153,F15412B^F154]Where under section 4 of the Prevention of Social Housing Fraud Act 2013 a court makes an unlawful profit order.^F153]

[^F15512CWhere under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.^F155]

[^F156 Where under section 5 of the Isle of Wight County Council Act ^M20 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section. ^F156]

Part II Cases where costs enforceable summarily as civil debt

Costs awarded by magistrates

[^F15713Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.^F157]

14Where an appellant to [^F158the Crown Court^F158] from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F159 Costs awarded by assizes and quarter sessions

[^F16016Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.^F160]

[^F161 Costs awarded by Court of Appeal (criminal division)

16AWhere the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the [^F162Supreme Court^F162], an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.^F161]

17–20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F164SCHEDULE 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 54.

Schedule 11 Enactments Repealed_cross-notes