Administration of Justice Act 1977

Administration of Justice Act 1977 An Act to make further provision with respect to the administration of justice and matters connected therewith, to alter the method of protecting mortgages of registered land and to amend the law relating to oaths and affirmations and to the interest of a surviving spouse in an intestate’s estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The amendments specified in Part I of Schedule 2 to this Act shall have effect for the purpose of enabling the rates of the sums whose payment is provided for by the enactments mentioned in that Part of that Schedule (which extend to England and Wales only) to be determined administratively. The amendments specified in Part II of that Schedule shall have effect for the purpose of enabling the rates of the sums whose payment is provided for by the enactments mentioned in that Part of that Schedule (which extend to Scotland only) to be determined administratively. Schedule 3 to this Act shall have effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part. The provisions specified in subsection (2) below shall cease to have effect. The provisions mentioned in subsection (1) above are— in the Bills of Exchange Act 1882— section 57(2) (measure of damages for bills dishonoured abroad), and section 72(4) (rate of exchange), and the following provisions (which require the conversion to United Kingdom currency as at the date of registration of the judgments and awards to which they relate)— section 2(3) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 ; section 1(3) of the Arbitration (International Investment Disputes) Act 1966, and Article 3(2) of the European Communities (Enforcement of Community Judgments) Order 1972. The provisions specified in subsection (2)(a) above shall continue to have effect in relation to bills drawn before the coming into force of this section. The provisions specified in subsection (2)(b) above shall continue to have effect in relation to judgments and awards registered before the coming into force of this section. The following section shall be inserted after section 33 of the Courts-Martial (Appeals) Act 1968— Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance. In section 34(2) of that Act (reference of cases by Service authorities), for the words “other than those of sections 31 and 32” there shall be substituted the words “ other than that of section 32 ”. In section 47(3) of that Act (costs on appeals to the House of Lords), for the words from the beginning to “accused”, in the first place where it occurs, there shall be substituted the words “ On determining an appeal from the Appeal Court, ”. A receiver appointed under the law of any part of the United Kingdom in respect of the whole or part of any property or undertaking of a company and in consequence of the company having created a charge which, as created, was a floating charge may exercise his powers in any other part of the United Kingdom so far as their exercise is not inconsistent with the law applicable there. In subsection (1) above “receiver” includes a manager and a person who is appointed both receiver and manager. In section 6 of the Attachment of Earnings Act 1971— in paragraphs (a)(ii) and (b) of subsection (7) (collecting officers), for the word “registrar” there shall be substituted the words “ appropriate officer ”, and the following subsection shall be added after that subsection:— In subsection (7) above “appropriate officer” means an officer designated by the Lord Chancellor. The following courts, namely— any court of a description specified in Part I of Schedule 4 to this Act except— the Estray Court for the Lordship of Denbigh, and the court leet for the Manor of Laxton, and the courts specified in Part II of that Schedule, being the courts which appear to the Lord Chancellor to have, but not to exercise, jurisdiction to hear and determine legal proceedings, shall cease to have any jurisdiction to hear and determine legal proceedings; but any such court may continue to sit and transact such other business, if any, as was customary for it immediately before the coming into force of this section, and in the case of the courts specified in Part III of Schedule 4 to this Act the business that is to be treated as having been customary shall (apart from business relating to the appointment of officers of the court) be the business specified in relation to that court in column 2 of that Part. The descriptions of courts in Part I of Schedule 4 to this Act include courts held for manors of which the Queen or the Duke of Cornwall is the lord. Any jurisdiction— of the Court of the Chancellor or Vice-Chancellor of Oxford University, and of the Cambridge University Chancellor’s Court, other than that which presently exists under the statutes of those universities, is hereby abolished. The Lord Chancellor may , after consulting the Lord Chief Justice, by order make any incidental or transitional provision which he considers expedient in consequence of this section and may by such order provide— for enabling any jurisdiction appearing to him to have been formerly exercised by a court specified in Part I or II of Schedule 4 to this Act to be exercised instead by the High Court, the Crown Court, the county court or a magistrates’ court; and for such amendments or repeals of provisions of any local Act as appear to him to be required in consequence of this section. The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and any such order may be varied or revoked by a subsequent order made under the power. 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. Subsections (2) and (4) of section 47A of that Act (method of calculation of value of life interest of surviving spouse) shall cease to have effect. The following subsections shall be inserted after subsection (3) of that section:— The capital value shall be reckoned in such manner as the Lord Chancellor may by order direct, and an order under this subsection may include transitional provisions. The power to make orders under subsection (3A) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and any such order may be varied or revoked by a subsequent order made under the power. In section 16 of the Administration of Justice (Scotland) Act 1933, there shall be substituted for paragraph (e)— to provide in any category of causes before the Court, for the admission in lieu of parole evidence of written statements (including affidavits) and reports, on such conditions as may be prescribed. In section 32(1)(e) of the Sheriff Courts (Scotland) Act 1971, there shall be substituted for “affidavits” the words “ written statements (including affidavits) and reports ”. All expenses incurred by any Minister of the Crown in consequence of the provisions of this Act shall be defrayed out of moneys provided by Parliament. This Act may be cited as the Administration of Justice Act 1977. Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment, including this Act. The enactments specified in Schedule 5 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) shall be repealed to the extent specified in the third column of that Schedule. The following provisions of this Act extend to England and Wales only, namely— section 1(1) and Part I of Schedule 1; section 2(1) and Part I of Schedule 2; sections 9 to 22; section 23 and Schedule 4; sections 24 to 28; subsections (4) and (5) above so far as they relate to any enactment which extends to England and Wales only; paragraphs 1, 3 and 10 of Schedule 3. The following provisions of this Act extend to Scotland only, namely— section 1(2) and Part II of Schedule 1; section 2(2), and in Schedule 2, Part II and paragraph 11; section 29; subsections (4) and (5) above so far as they relate to any enactment which extends to Scotland only. Subsection (4) above, so far as it relates to any of the court-martial enactments, extends to any territory to which that enactment extends. In subsection (12) above “the court-martial enactments” means— section 102 of the Army Act 1955; section 102 of the Air Force Act 1955; and section 60 of the Naval Discipline Act 1957. . . . In section 19 of the Juries Act 1974 (payment for jury service) for the words “the prescribed rates” there shall be substituted the words “ rates determined by the Lord Chancellor with the consent of the Minister for the Civil Service ”. In section 24(1) of the Juries Act 1949 (payment in respect of jury service in Scotland) for the words “prescribed scales” there shall be substituted the words “ scales determined by the Secretary of State with the consent of the Minister for the Civil Service, ”. In section 17 of the District Courts (Scotland) Act 1975— the following subsection shall be inserted after subsection (5):— Allowances payable under this section shall be paid at rates determined by the Secretary of State with the consent of the Minister for the Civil Service. the following paragraph shall be substituted for paragraph (7)(a):— for prescribing the forms to be used and the particulars to be provided for the purpose of claiming payment of allowances ; The following subsections shall be substituted for subsection (2) of section I of the Maintenance Orders Act 1958 (introductory provisions relating to registration in one court of a maintenance order made by another):— For the purposes of subsection (1) above, a maintenance order made by a court in Scotland or Northem Ireland and registered in England under Part II of the Maintenance Orders Act 1950 shall be deemed to have been made by the court in England in which it is so registered. This Part of this Act applies— to maintenance orders made by the High Court or a county court, or a magistrates’ court, other than orders registered in Scotland or Northern Ireland under Part II of the Maintenance Orders Act 1950, and to maintenance orders made by a court in Scotland or Northem Ireland and registered in England under Part II of the Maintenance Orders Act 1950. The following subsection shall be inserted after subsection (6) of section 2 of the said Act of 1958 (registration of maintenance orders):— In this section— “High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, and “magistrates’ court order” includes a maintenance order deemed to be made by a magistrates’ court by virtue of that subsection. After subsection (6) of section 4 of the said Act of 1958 (variation of orders registered in magistrates’ courts) there shall be inserted the following subsection:— No application for any variation in respect of a registered order shall be made to any court in respect of an order made by the Court of Session or the High Court in Northern Ireland and registered in that court in accordance with the provisions of this Part of this Act by virtue of section 1(2) above. In section 5 of the said Act of 1958 (cancellation of registration)— the following subsection shall be inserted after subsection (4):— For the purposes of a notice under subsection (2) or (3) above— “court of registration” includes any court in which an order is registered under Part II of the Maintenance Orders Act 1950, and “registration” includes registration under that Act. The following subsections shall be substituted for section 23(2) of the said Act of 1958 (extent):— The following provisions of this Act, namely— section 2 ; section 5(2), (3), (4) and (4A) ; extend to Scotland and Northern Ireland. Section 20(3)(a) above extends to Northern Ireland. Subject to subsections (2) and (2A) above, this Act extends only to England. The following subsection shall be inserted after section 18(3) of the Maintenance Orders Act 1950 (enforcement of registered orders):— Notwithstanding subsection (1) above, no court in England in which a maintenance order is registered under this Part of this Act shall enforce that order whilst it is registered in another court in England under Part I of the Maintenance Orders Act 1958. In section 21(2) of the said Act of 1950 (evidence admissible before court where order registered) for the words from “registered” to “superior court” there shall be substituted the words— registered under this Part of this Act in a superior court and not registered under Part I of the Maintenance Orders Act 1958, or registered in a court in England under that Part of that Act, by virtue of section 1(2) of that Act, The following section shall be substituted for section 23 of the said Act of 1950 (notice of variation, etc.):— Where a maintenance order registered under this Part of this Act is discharged or varied by any court, the prescribed officer of that court shall give notice of the discharge or variation in the prescribed manner— to the prescribed officer of any court in which the order is registered ; and if the order was made by another court, to the prescribed officer of that court. Any officer to whom a notice is given under this section shall cause particulars of the notice to be registered in his court in the scribed manner. In section 24 of the said Act of 1950 (cancellation of registration)— in subsection (2), for the words “of the court” there shall be substituted the words “ of any court ” ; and in subsection (3), for the words from “to” in the first place where it occurs to the end of the subsection there shall be substituted the words:— to the prescribed officer of the court by which the order was made ; and to the prescribed officer of any court in which it is registered under Part I of the Maintenance Orders Act 1958. On receipt of a notice under subsection (3) above:— any such officer as is mentioned in paragraph (a) of that subsection shall cause particulars of the notice to be registered in his court in the prescribed manner ; and any such officer as is mentioned in paragraph (b) of that subsection shall cause particulars of the notice to be registered in his court in the prescribed manner and shall cancel the registration of the order. Maintenance orders made by the Court of Session or the High Court in Northern Ireland which were registered in the High Court and purportedly thereafter registered in a magistrates’ court before the coming into force of this Schedule shall be deemed to be and always to have been validly registered in the magistrates’ court, and accordingly the provisions of Part I of the Maintenance Orders Act 1958 shall apply to them. In section 15 of the Maintenance Orders Act 1950 (service of process), for the words in subsection (1) from the beginning to “residing” there shall be substituted the words— Where— proceedings are begun in a court having jurisdiction under or by virtue of the following, namely— this Part of this Act , or section 1(3) or 9(1) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ; or section 15 of the Guardianship of Minors Act 1971 ; or section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972, or an action for separation and aliment is commenced in a sheriff court in Scotland, and the person against whom the action or other proceedings is or are brought resides In section 16 of that Act (which provides for the enforcement of maintenance orders throughout the United Kingdom and includes in the orders which may be enforced orders for the payment of periodical allowances under section 26 of the Succession (Scotland) Act 1964 and section 5 of the Divorce (Scotland) Act 1976), in subsection (2)(b)(i), after the words “periodical allowance”, in the second place where they occur, there shall be inserted the words “ or a capital sum ”. Courts Baron. Courts Leet. Customary Courts of the manor. Courts of Pie Poudre. Courts of the Staple. Courts of the clerks of the markets (or clerk of the market). Hundred Courts. Law Days. Views of Frankpledge. Common law (or Sheriffs’) county courts as known before the passing of the County Courts Act 1846. The Basingstoke Court of Ancient Demesne. The Coventry Court of Orphans. The Great Grimsby Foreign Court. The King’s Lynn Court of Tolbooth. In the City of London, the Court of Husting and the Sheriffs’ Courts for the Poultry Compter and the Giltspur Street Compter. The Macclesfield Court of Portmote. The Maidstone Court of Conservancy. The Melcombe Regis Court of Husting. The Newcastle-upon-Tyne Courts of Conscience or Requests and Conservancy. The Norwich Court of Mayoralty. The Peterborough Dean and Chapter’s Court of Common Pleas. The Ramsey (Cambridgeshire) Court of Pleas. The Ripon Court Military. The Ripon Dean and Chapter’s Canon Fee Court. The St. Albans Court of Requests. The Court of the Hundred, Manor and Borough of Tiverton. The York Courts of Husting, Guildhall and Conservancy. The Ancient Prescriptive Court of Wells. The Cheney (or Cheyney) Court of the Bishop of Winchester. S. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} S. 2(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} The text of ss. 1(1), 4, 5, 11, 12, 17(2), 19(2)(5), 24, 26(1), 28, 29, 32(4) Schs. 3, 5 does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1882 c. 61. 1933 c. 13. 1966 c. 41. S.I. 1972/1590. 1968 c. 20. S. 3(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} S. 6 repealed by Employment Protection (Consolidation) Act 1978 (c. 44, SIF 43:1), s. 159(3), Sch. 17 S. 8 repealed (31.7.1978) by Oaths Act 1978 (c. 19), Sch. Pt. I Ss. 9, 10 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 S. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} S. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} Ss. 13–16, 17(1), 18, 19(1)(3)(4), 20 repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4 S. 17(2) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4 (with ss. 1, 2, 5, 81, 84, 93(6), 94, 95, 106); S.I. 1996/3146, art. 3 (with Sch. 2 paras. 2, 3) S. 19(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} 1971 c. 32. S. 21 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3 S. 22 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 188, Sch. 10; S.I. 2005/910, art. 3(y)(aa) Words in s. 23(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 93(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e) S. 23(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 93(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e) S. 24 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1) S. 25 repealed by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 2, Sch. S. 26 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1) S. 27 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 S. 29(1) repealed (S.) and re-enacted (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pts. I, II 1933 c. 41. 1971 c. 58. S. 30 repealed by S.I. 1986/595 (N.I.4), art. 138, Sch. 7 S. 32(2) repealed (31.7.1978) by Oaths Act 1978 (c. 19), Sch. Pt. I S. 32(5)-(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} Power of appointment conferred by s. 32(6) fully exercised; appointed day 1.1.1981 by S.I. 1980/1981 S. 32(10) repealed by S.I. 1986/595 (N.I.4), art. 138, Sch. 7 S. 32(11) repealed by Employment Protection (Consolidation) Act 1978 (c. 44, SIF 43:1), s. 159(3), Sch. 17 1955 c. 18. 1955 c. 19. 1957 c. 53. Sch. 1 Pt. I repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), ss. 45(2), Sch. 6 Sch. 1 Pt. II repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45(3), Sch. 4 para. 3(1), Sch. 5 Sch. 2 para. 1 repealed by Coroners Act 1988 (c. 13, SIF 33), ss. 33, 36(2), Sch. 4 Sch. 2 para. 2 repealed (21.12.1993) by 1993, c. 38, ss. 35(1), 36(1), Sch.2. Sch. 2 Pt. 1 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} Sch. 2 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} Sch. 2 para. 5 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3 Sch. 2 para. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} 1974 c. 23. 1949 c. 27. 1975 c. 20. Sch. 2 Pt. III (paras. 10–12) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8(1), 21(4), Sch. 5 Pt. I The text of Sch. 2, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1958 c. 39. 1950 c. 37. 1964 c. 41. 1976 c. 39. 1846 c. 95. Words in s. 23(4)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Sch. 3 para. 4(a) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 28(1) omitted (1.10.2014) by virtue of Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 4 para. 3 (with s. 12(4)); S.I. 2014/2039, art. 2