Administration of Justice Act 1965

Administration of Justice Act 1965 An Act to enable common investment funds to be established for the investment of moneys in certain courts in England, Wales and Northern Ireland and certain other moneys; to make fresh provision for dealing with funds in the Senior Courts in England and to amend the law concerning dealing with funds in county courts in England and Wales or in the Mayor’s and City of London Court; to amend the law concerning giving security by way of making a deposit with the Accountant General of the Senior Courts in England; to make miscellaneous amendments of the law relating to that court and to inferior courts in England and Wales; to amend section 8 of the Prosecution of Offences Act 1879; to enable benefits under section 10 of the Courts of Justice Concentration (Site) Act 1865 to be commuted into capital sums; to amend the War Pensions (Administrative Provisions) Act 1919; to enlarge the legislative power of the Parliament of Northern Ireland and amend the Criminal Appeal (Northern Ireland) Act 1930; to repeal certain obsolete, spent, unnecessary or superseded enactments; and for purposes connected with the matters aforesaid. The enactments specified in column 1 of Schedule 1 to this Act shall have effect subject to the amendments respectively specified in relation thereto in column 2 of that Schedule (being amendments necessary for bringing those enactments into conformity with this Part of this Act). Without prejudice to section 23 of the Interpretation Act 1889 or any corresponding enactment of the Parliament of Northern Ireland, any reference in an Act passed or other instrument made before the commencement of this Act which is, or includes, a reference to a provision of the Lands Clauses Consolidation Act 1845 that is amended by this Act shall, unless the contrary intention appears, be construed as referring, or as including a reference, to that provision as so amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before an administration order is made by a court, the registrar of the court shall, in accordance with rules made under section 102 of the County Courts Act 1959, send to every person whose name the debtor has notified to the appropriate county court as being a creditor of his notice that that person’s name has been so notified; and so long as the order is in force, a creditor whose name is included in the schedule to the order shall not, without the leave of that court, be entitled to present, or join in, a bankruptcy petition against the debtor unless— his name was so notified; and the debt by virtue of which he presents, or joins in, the petition exceeds £1,500; and the notice given to the creditor by the registrar in accordance with this subsection was received by the creditor within twenty-eight days immediately preceding the day on which the petition is presented. In section 150 of the County Courts Act 1959 (which, when an administration order is made, bars a creditor from remedies in respect of a debt which has been notified to a county court or is scheduled to the order, and requires a stay of proceedings in a county court or other inferior court in respect of such a debt)— the requirement to stay proceedings shall not operate as a requirement that a county court in which proceedings in bankruptcy against the debtor are pending shall stay those proceedings; and the reference to notification to a county court shall be construed as a reference to notification to the appropriate county court. In section 149(a) of the County Courts Act 1959, the requirement that notice of an administration order shall be sent to every creditor notified by the debtor shall be construed as a requirement that notice shall be sent to every person whose name a debtor has notified to the appropriate county court as being a creditor of his. In this section any reference to notification to the appropriate county court shall, in relation to an administration order, be construed as a reference to the giving, before the making of the order, of notice, in accordance with rules made under the said section 102, to the court which, at the time when the notification is given, has the power to make the order. The power conferred by subsection (2) above to make an Order in Council shall include power to vary the Order; . . .. Where a lessor is proceeding by action in a county court in England or Wales to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent, and the court by order made in pursuance of section 191(1)(b) of the County Courts Act 1959 orders possession of the land to be given to the lessor at the expiration of a period fixed by the court unless within that period the lessee pays into court all the rent in arrear and the costs of the action, the court may extend that period at any time before possession of the land is recovered in pursuance of the order. Where, under the foregoing subsection, a court extends a period at a time when that period has expired and a warrant has been issued for the possession of the land, the court shall suspend the warrant for the period of the extension and, if, before the expiration of the last-mentioned period, the lessee pays into court all the rent in arrear and the costs of the action, shall cancel the warrant. The extension under subsection (1) above of a period fixed by a court shall not be treated as relief from which the lessee, if he fails within that period to pay into court all the rent in arrear and the costs of the action, is barred by virtue of section 191(1)(c) of the County Courts Act 1959. Where, under subsection (1) above, a court extends a period, any reference in the said section 191(1)(c) (which, as well as barring a lessor from relief as mentioned in the last foregoing subsection, provides that if, within the period specified in the order, the lessee pays into court the rent in arrear and costs he shall continue to hold the land) to the period specified in the order shall be construed as reference to that period as so extended. For sub-paragraph (ii) of paragraph 2 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (by virtue whereof one of the members of an appeal tribunal established under section 8 of that Act must be a disabled officer who retired or was demobilised drom the forces during the 1914-18 war while suffering impairment or a disabled man who was similarly discharged or demobilised) there shall be substituted the following sub-paragraph:— a person who has served in Her Majesty’s Forces References in this Act to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended by or under any subsequent enactment, including this Act. This Act may be cited as the Administration of Justice Act 1965. This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint. Different days may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the day on which that provision comes into operation. The Act shall, in its application to England and Wales, have effect with the substitution for sections 86, 87 and 88 of the following section:— Money paid under section 85 of this Act into the Senior Courts shall remain there by way of security to the parties whose lands shall so have been entered upon for the performance of the condition of the bond to be given by the promoters of the undertaking, as hereinbefore mentioned, and, if dealt with under section 6 of the Administraton of Justice Act 1965 shall be accumulated; and upon the condition of such bond being fully performed the High Court may, on the application of the promoters, order it, or the proceeds of the securities in which it has been invested, together with the accumulation thereof, to be paid to the promoters of the undertaking, or if such condition shall not be fully performed it shall be lawful for the said Court to order the same to be applied, in such manner as it shall think fit, for the benefit of the parties for whose security the same shall have been paid. For section 11(k) there shall be substituted the following:— in the case of a new company, requiring the company to make a deposit with the Accountant General of the Supreme Court, and providing for the time of making and the application of the deposit and for its being laid out at interest, invested by the Accountant General in securities or transferred to one of the funds established by schemes made under section 1 of the Administration of Justice Act 1965. After subsection (1) of section 117, there shall be inserted the following subsection:— Any reference in this Act to money, securities or proceeds of sale being paid or transferred into court shall be construed as referring to the money, securities or proceeds being paid or transferred into the Supreme Court or any other court that has jurisdiction, and any reference in this Act to the court, in a context referring to the investment or application of money, securities or proceeds of sale paid or transferred into court, shall be construed, in the case of money, securities or proceeds paid or transferred into the Supreme Court, as referring to the High Court, and, in the case of money, securities or proceeds paid or transferred into another court, as referring to that other court. Paragraph (8) of section 68 and, in paragraph (13) of that section, the words from “and so far as relates” to “Supreme Court” shall be omitted, and at the end of that section there shall be inserted the following subsection:— Any reference in this Act to paying money or securities into court shall be construed as referring to paying the money or transferring or depositing the securities into or in the Supreme Court or into or in any other court that has jurisdiction, and any reference in this Act to payment of money or securities into court shall be construed— with reference to an order of the High Court, as referring to payment of the money or transfer or deposit of the securities into or in the Supreme Court; and with reference to an order of any other court, as referring to payment of the money or transfer or deposit of the securities into or in that court. After subsection (1) of section 205 there shall be inserted the following subsection:— Any reference in this Act to money being paid into court shall be construed as referring to the money being paid into the Supreme Court or any other court that has jurisdiction, and any reference in this Act to the court, in a context referring to the investment or application of money paid into court, shall be construed, in the case of money paid into the Supreme Court, as referring to the High Court, and in the case of money paid into another court, as referring to that other court. For section 19(1) there shall be substituted the following:— The interest or dividends accruing due on a sum deposited with the Accountant General of the Supreme Court by any company under section 2 of the Assurance Companies Act 1909 or paragraph 1 of Schedule 2 to this Act, on securities in which a sum so deposited is for the time being invested or on securities so deposited shall be paid to the company. For section 20(1) there shall be substituted the following:— Regulations may be made with respect to applications for warrants, to the payment of deposits, the laying out thereof at interest or the investment thereof by the Accountant General in securities or the transfer thereof to one of the funds established by schemes made under section 1 of the Administration of Justice Act 1965, and other dealing therewith, to the deposit of securities in lieu of money, to the payment of interest or dividends from time to time accruing due on deposits or any securities in which they are for the time being invested, or on any securities deposited in lieu of money, and to the withdrawal and transfer of deposits. Act not in force at Royal Assent, see s. 36(2)(3); Act wholly in force at 1.10.1965 Words in Long Title substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5)(6), 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d) Ss. 1-16 repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2 S. 6A. (which was inserted by Administration of Justice Act 1977 (c. 38), s. 11(3)) repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2 Words in cross-heading preceding s. 3 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5)(6), 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d) S. 11 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. II and expressed to be repealed (13.6.1991) by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 1 The text of S. 17(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1889 c. 63. 1845 c. 18. Ss. 18, 20(2) repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I S. 19 repealed by Law Reform (Miscellaneous Provisions) Act 1971 (c. 43), s. 5(1) S. 20(1) repealed by Administration of Justice Act 1982 (c. 53,SIF37),s.75(1),Sch. 9 Pt.I S.20(3) repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4 Words substituted by Insolvency Act 1976 (c. 60), s. 12(2) 1959 c. 22. S. 20(3)(b): sum substituted by S.I. 1984/1199, reg. 2(e) Ss. 20(4)–(7), 23 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4 Words repealed by Administration of Justice Act 1982 (c. 53, SIF 37), s. 75(1), Sch. 9 Pt. I S. 21 repealed by Insolvency Act 1976 (c. 60), s. 13(1), Sch. 3 Ss. 22, 24, 26 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 S. 25 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71), s. 36 (2), Sch. 4 S. 27 repealed (E.W.) by Prosecution of Offences Act 1979 (c. 31), s. 11(2), Sch. 2 Pt. II S. 28 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XVI The text of S. 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1919 c. 53. S. 30 repealed (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1)(2), Sch. 6 para. 13, Sch. 7 Pt. I S. 31 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I Ss. 32, 33 repealed by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 6 para. 13, Sch. 7 Pt. I Ss. 34(1), 36(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt.XI S. 34(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group1. Unreliable marginal note. Power of appointment conferred by s. 36 fully exercised. The text of Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Entry relating to Crown Debts Act 1801 repealed by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 54, Sch. 14 Entry repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8. Sch. 1: entries relating to Clergy Residence Act 1826, Inclosure Act 1845, Tithe Act 1846 and Tithe Act 1860 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4} Entry relating to Court Funds Act 1829 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), s. 1, Sch. Pt. XI Sch. 1: words in entries relating to amendments to Defence Act 1842, Lands Clauses Consolidation Act 1845 and Life Insurance Companies (Payment into Court) Act 1896 (sic) substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59(5)(6), 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(b)(d) Entry repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I Entry in Sch. 1 repealed (E.W.S.) (1. 1. 1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.I; S.I. 1992/2784, art. 2(b), Sch. 2Pt. III (with art. 3(3)). Words inserted by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 46(2)(d)(i) Words added by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 46(2)(d)(ii) Sch. 1: entry relating to Consolidated Fund (Permanent Charges Redemption) Act 1873 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 9 Group 1} Entry repealed by Companies Act 1967 (c. 81), Sch. 8 Pt. IX Entry repealed by Mines (Working Facilities and Support) Act 1966 (c. 4), Sch. 1 Entry relating to War Damage Act 1943 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XI Entry relating to the Exchange Control Act 1947 repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72(7), Sch. 16 Pt. XI Entry relating to Prevention of Fraud (Investments) Act 1958 repealed by Financial Services Act 1986 (c. 60, SIF 69), s. 212(3), Sch. 17 Pt. I Entry relating to Mental Health Act 1959 repealed (E.W.) by Mental Health Act 1983 (c. 20, SIF 85), s. 148(3), Sch. 6 Schs. 2, 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI. Entry in Sch. 1 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(6) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i) Sch. 1 entry repealed (E.) (1.7.2018) by Statute Law (Repeals) Measure 2018 (No. 1), s. 2(3), Sch. Pt. 3; S.I. 2018/718, art. 2