acthub.

Administration of Justice Act 1973

Sections34

Administration of Justice Act 1973

1973 c.15

An Act to amend the law relating to justices of the peace and to make further provision with respect to the administration of justice and matters connected therewith.

Enacted[18th April 1973]

Part I  Justices of the Peace

1 

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
C1C29 There shall cease to have effect—
a section 1 of the M1Metropolitan Police Act 1829 in so far as ir regulates the appointment or removal of the Commissioner of Police of the Metropolis ; and
b so much of section 2 of the M2Metropolitan Police Act 1856 as provides for the Assistant Commissioners of Police of the Metropolis to be justices of the peasce ;
and the Commissioner of Police shall be appointed in like manner as Assistant Commissioners are under the said section 2 to be appointed.

2 

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

5  Consequential.

F8. . . Schedule 1 to this Act shall have effect; and the enactments specified in paragraph 10 of that Schedule shall have effect subject to the amendments specified in that paragraph.

Part II  Miscellaneous

6  Jurisdiction of county courts in relation to land.

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
C32 In section 93 of that Act (which enables the judge to refer proceedings or questions arising in proceedings for inquiry and report) there shall be made the following amendments—
a in subsection (1), at the end, there shall be inserted the words “and, in such cases as may be prescribed by and subject to county court rules, the registrar may refer to a referee for inquiry and report any question arising in any proceedings.” ; and
b in subsection (2), after the word “judge”, there shall be inserted the words “or, as the case may be, the registrar”.

8  Extension of powers of court in action by mortgagee of dwelling-house.

1 Where by a mortgage of land which consists of or includes a dwelling-house, or by any agreement between the mortgagee under such a mortgage and the mortgagor, the mortgagor is entitled or is to be permitted to pay the principal sum secured by instalments or otherwise to defer payment of it in whole or in part, but provision is also made for earlier payment in the event of any default by the mortgagor or of a demand by the mortgagee or otherwise, then for purposes of section 36 of the M3Administration of Justice Act 1970 (under which a court has power to delay giving a mortgagee possession of the mortgaged property so as to allow the mortgagor a reasonable time to pay any sums due under the mortgage) a court may treat as due under the mortgage on account of the principal sum secured and of interest on it only such amounts as the mortgagor would have expected to be required to pay if there had been no such provision for earlier payment.
2 A court shall not exercise by virtue of subsection (1) above the powers conferred by section 36 of the M4Administration of Justice Act 1970 unless it appears to the court not only that the mortgagor is likely to be able within a reasonable period to pay any amounts regarded (in accordance with subsection (1) above) as due on account of the principal sum secured, together with the interest on those amounts, but also that he is likely to be able by the end of that period to pay any further amounts that he would have expected to be required to pay by then on account of that sum and of interest on it if there had been no such provision as is referred to in subsection (1) above for earlier payment.
3 Where subsection (1) above would apply to an action in which a mortgagee only claimed possession of the mortgaged property, and the mortgagee brings an action for foreclosure (with or without also claiming possession of the property), then section 36 of the Administration of Justice Act 1970 together with subsections (1) and (2) above shall apply as they would apply if it were an action in which the mortgagee only claimed possession of the mortgaged property, except that—
a section 36(2)(b) shall apply only in relation to any claim for possession; and
b section 36(5) shall not apply.
4 For purposes of this section the expressions “dwelling-house”, “mortgage”, “mortgagee” and “mortgagor” shall be construed in the same way as for the purposes of Part IV of the Administration of Justice Act 1970.
5 F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In the application of this section to Northern Ireland, subsection (3) shall be omitted.

F759  Judicial salaries etc.

C41 Subject to the following subsections, there shall be paid to—
a F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b judges of the Court of Judicature in England and Wales other than the Lord Chancellor;
C5C6c judges of the Court of Session;
C7C6d judges of the Court of Judicature in Northern Ireland;
e District Judges (Magistrates’ Courts);
such salaries as may be determined, with the consent of the Minister for the Civil Service, by the Lord Chancellor or, in the case of judges of the Court of Session, by the Secretary of State.
2 Until otherwise determined under this section, there shall be paid to the holders of judicial office mentioned in paragraphs (a) to (e) of subsection (1) above the same salaries as at the coming into force of this section.
3 Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.
3A There may be paid to judges of the Court of Session such allowances as may be determined, with the consent of Treasury, by the Lord Chancellor.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
5 Salaries payable under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable under this section shall be charged on and paid out of the Consolidated Fund of the United Kingdom.

10  Judicial pensions (increase of widow’s and children’s pensions).

1 The annual amount of the widow's, widower's or surviving civil partner's pension that may be granted under or by virtue of the M5Administration of Justice (Pensions) Act 1950 wholly or partly in respect of relevant service after the passing of this Act, and the annual amount of the children’s pension that may be so granted, shall be increased in accordance with this section; and where the widow's, widower's or surviving civil partner's pension or children’s pension (if any) that may be granted in respect of a person’s relevant service is so increased, there shall be made towards the cost of the liability therefor such contributions (in lieu of or in addition to that required by section 8 of the Act of 1950) as may be prescribed, in the form either of a reduction or further reduction of the lump sum pension benefit payable in respect of that service or of deductions from the salary so payable or partly in one of those forms and partly in the other.
2 In the case of pensions attributable wholly to relevant service after the passing of this Act,—
a the annual amount of a widow's, widower's or surviving civil partner's pension may be one-half of the annual amount of the personal pension of the deceased; and
b subject to section 7(4) of the Act of 1950 (which makes provision for the case of effect of survivor's marriage or formation of a civil partnership), the annual amount of a children’s pension, while there is only one person for whose benefit it can enure, may amount—
i where the deceased left a spouse or civil partner and he or she is still alive, to one-quarter of the annual amount of the personal pension; and
ii in any other case, to one-third of the annual amount of the personal pension;
and while there are two or more persons for whose benefit it can enure, may amount to twice the figure given by whichever is applicable of sub-paragraphs (i) and (ii) above.
In section 7(4) of the Act of 1950 the reference to subsection (2) of that section shall include paragraph (b)(ii) of this subsection.
3 Subject to subsection (4) below, in the case of pensions payable partly in respect of relevant service after the passing of this Act but not attributable wholly to that service, the annual value of the widow's, widower's or surviving civil partner's pension or children’s pension that may be granted shall be determined by reference to the proportions which the relevant service before and after that time bear to the whole of the relevant service, and shall be the amount obtained by adding—
a the part proportionate to the service before that time of the annual amount of the pension that might have been granted if this section had not been passed; and
b the part proportionate to the service after that time of the annual amount of the pension that might have been granted if this section had always had effect.
4 In relation to persons serving at the passing of this Act provision may be made by regulations whereby, subject to any prescribed conditions, an election may be made by or with respect to a person—
a that subsection (2) above shall apply to him or her as if the whole of his or her relevant service were service after the passing of this Act, and subsection (3) shall not apply;
b that subsections (1) to (3) above shall not apply to him or her, and the Act of 1950 shall apply as if this section had not been passed;
c in the case of a person who elected under section 11(1) or (2) of the Act of 1950 for his or her eligibility for pension not to satisfy the conditions for the grant of a widow's, widower's or surviving civil partner's or children’s pension, that the election under that section shall be revoked.
5 Where a person’s relevant service is partly before and partly after the passing of this Act, then for the purposes of this section any widow's, widower's or surviving civil partner's or children’s pension payable in respect of that service is to be regarded as attributable wholly to the service after that time if the service before that time does not add to the annual rate of the personal pension, and for the purposes of subsection (3) there shall be left out of account so much (if any) of the service before that time as does not add to the annual amount of the personal pension.
6 Regulations made for purposes of this section may make provision for consequential or incidental matters, including provision excluding or modifying the operation of any enactment passed before this Act; and in particular any regulations providing for contributions by deduction from salary may make consequential provision as to sections 10 and 11 of the Act of 1950 and any other enactment referring or relating to lump sums payable under that Act.
7 Regulations for purposes of this section may be made, with the concurrence of the Minister for the Civil Service, by the Lord Chancellor or, in relation to pensions for service in offices existing only in Scotland, by the Secretary of State; and the power to make regulations for purposes of this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8 The foregoing provisions of this section shall have effect in relation to the enactments mentioned in Schedule 3 to this Act as they have effect in relation to the Act of 1950, but subject to the adaptations provided for by that Schedule; and provision corresponding to that which is made by subsections (1) and (3) above, or which may be made by regulations under this section for purposes of those subsections may, in relation to the pension benefits of any resident magistrate or county court registrar included in Schedule 5 to the Superannuation (Northern Ireland) Order 1972 (persons remaining subject to the Superannuation Acts (Northern Ireland) 1967 and 1969), be made by order of the Ministry of Finance for Northern Ireland.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

12  Retirement of higher judiciary in event of incapacity.

1 Where the Lord Chancellor is satisfied by means of a medical certificate that a person holding office F32. . . as judge of the Court of Judicature in Northern Ireland (other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) is disabled by permanent infirmity from the performance of the duties of his office, but is for the time being incapacitated from resigning it, then subject to subsection (4) below the Lord Chancellor may by instrument under his hand declare that person’s office to have been vacated, and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.
2 F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 A declaration under this section with respect to a judge of the Court of Judicature in England and Wales shall be of no effect unless it is made—
a in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor, with the concurrence of two others of them;
b in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
c in the case of a puisne judge of the Queen’s Bench Division, with the concurrence of the Lord Chief Justice;
d in the case of a puisne judge of the Chancery Division other than the Vice-Chancellor, with the concurrence of the Vice-Chancellor;
e in the case of a puisne judge of the Family Division, with the concurrence of the President of the Family Division.
4 A declaration under this section with respect to a judge of the Court of Judicature of Northern Ireland shall be of no effect unless it is made with the concurrence of the Lord Chief Justice of Northern Ireland or, if made with respect to him, with that of the senior Lord Justice of Appeal.

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

14  Pensions of resident magistrates in Northern Ireland.

C81 In the M6Residents Magistrates’ Pensions Act (Norther Ireland) 1960 the definition of “retiring salary” in section 22(1) shall be amended by omitting the word “average” and by substituting for the words “during the three years immediately preceding the date of his retirement” the words “immediately before his retirement”.
2 This section shall not affect any pension or other benefit payable to or in respect of a person who retired or died before the coming into force of this section.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

16  Appointment of deputy district registrars of High Court and deputy county court registrars.

1 If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district registrar in any district registry of the High Court during such period or on such occasions as the Lord Chancellor thinks fit; and a deputy district registrar, while acting under his appointment, shall have the same powers as if he were the district registrar.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
7 After the coming into force of this section no further appointment shall be made of provisional district registrars or deputy district registrars under section 84 of the M7Court of Judicature(Consolidation) Act 1925 or section 11 of the M8Administration of Justice Act 1956, or of deputy county court registrars under section 27 of the County Courts Act 1959; and on the coming into force of this section any person then holding office as deputy district registrar or deputy county court registrar shall vacate that office, but so that subsections (4), (5) and (6) above shall thereafter apply to him as if he had been appointed under this section for a period then expiring.

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

18  Payment of interpreters in criminal cases (Northern Ireland).

C91 In the Costs in Criminal Cases Act (Northern Ireland) 1968, after section 5 thereof, there shall be inserted the following section—
2 Where in any of the following proceedings, that is to say,—
a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
b any proceedings before . . . F47 the High Court of Justice in Northern Ireland in a criminal cause or matter;
c any proceedings on an appeal to the Court of Judicature from a decision in proceedings within . . . F50 (b) above or an application for leave to appeal from such a decision;
an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Department of Justice, up to an amount allowed by the High Court or (in the case of proceedings in the Court of Judicature) by the Court of Judicature.In this subsection “defendant” means the person (whether convicted or not) who is alleged to be guilty of an offence.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Part III  Supplementary

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

21  Short title and extent.

1 This Act may be cited as the Administration of Justice Act 1973.
2 The foregoing sections of this Act shall not extend to Scotland or to Northern Ireland except to the following extent, that is to say—
a sections 9 to 12 of this Act, and the repeals made by Parts IV and V of Schedule 5, shall extend to Scotland or to Northern Ireland in so far as they affect the law of Scotland or of Northern Ireland; and
b sections 8, 14 and 18 of this Act (together with so much of section 20(1) as relates to those sections) shall extend to Northern Ireland.

SCHEDULE 1 

Justices of the Peace (Consequential Re-Enactments and Amendments)

Sections 5 and 20.

Part I  Retirement and Superannuation of Stipendiary Magistrates

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
F573. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Supplemental List for England and Wales

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
7F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7AF60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7BF61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III 

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Part IV  Amendments

9
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
10
1 F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Subject to any express amendment or repeal made by this Act, any reference in the M9Metropolitan Police Act 1829 or in any other enactment passed before the M10Metropolitan Police Act 1856 to the justices appointed under the Metropolitan Police Act 1829 or to the Commissioners of Police of the Metropolis shall continue to have effect as a reference to the Commissioner of Police of the Metropolis. C10
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

F69F69 SCHEDULE 2 

Part I  Amendments as to Limit on Jurisdiction

ActAmendmentsLimit on jurisdiction
The Landlord and Tenant Act 1954 (2 & 3 Eliz. 2. c. 56).In section 63(2) for the words “does not exceed £500” in paragraph (a) there shall be substituted the words “is not over the county court limit”, and for the words “exceeds £500” in paragraph (b) there shall be substituted the words “is over the county court limit”.£5,000.
The County Courts Act 1959 (7 & 8 Eliz. 2. c. 22).In sections 48(1), 51(a) and (b) and 191(3), and in the entries in Schedule 1 relating to sections 146 and 147 of the Law of Property Act 1925, for the words “does not exceed £100” there shall in each case be substituted the words “is not above the county court limit”.£1,000.

C13Part II  Related Amendments

In the M19County Courts Act 1959—

  1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
  2. in section 200 (construction of references to net annual value for rating), in subsection (2), for the words from “shall” onwards, there shall be substituted—

SCHEDULE 3 

Increase of Certain Widow’s and Children’s Pensions in Northern Ireland

Section 10.

1The enactments in relation to which section 10 of this Act has effect by virtue of section 10(8) are—
a Part XIII of the M11County Courts Act (Northern Ireland) 1959 (relating to county court judges and clerks of the Crown and peace), in relation to which the references in section 10 of this Act to section 7(4), section 8 and section 11 (or sections 10 and 11) of the Act of 1950 shall be replaced, respectively, by references to section 126(4) of the County Courts Act (Northern Ireland) 1959, section 127 of that Act and section 13 of the M12Judicial Pensions Act (Northern Ireland) 1951;
b the M13Resident Magistrates’ Pensions Act (Northern Ireland) 1960, in relation to which—
i subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and
ii the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 8(4) and section 9 of the M14Resident Magistrates’ Pensions Act (Northern Ireland) 1960;
c Part II of the M15Judicial Pensions Act (Northern Ireland) 1951 (relating, by virtue of later enactments, to the National Insurance Commissioners, the President of the Industrial Court and the President of the Industrial Tribunals), in relation to which—
i subsection (4)(c) of section 10 of this Act and the reference in subsection (6) to sections 10 and 11 of the Act of 1950 shall not apply; and
ii the references in section 10 to section 7(4) and section 8 of the Act of 1950 shall be replaced, respectively, by references to section 10(4) and section 11 of the M16Judicial Pensions Act (Northern Ireland) 1951.
2In relation to the provisions to which section 10 of this Act applies by virtue of paragraph 1(a) or of paragraphs 1(b) above references in section 10 to relevant service shall have effect as references to service within the meaning of those provisions.
C11C123In relation to any of the provisions to which section 10 of this Act applies by virtue of paragraph 1 above, the expression “enactment” in section 10(6) shall mean enactment of the Parliament of Northern Ireland or amendable by Act of that Parliament; and section 10(7) shall not apply, but regulations for purposes of section 10 may be made with the consent of the Ministry of Finance for Northern Ireland by the Ministry of Home Affairs for Northern Ireland or, in relation to the M17Judicial Pensions Act (Northern Irleand) 1951, the Department of Economic Development, and shall be subject to negative resolution within the meaning of section 41(6) of the M18Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

F71F71SCHEDULE 4 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

F72F72SCHEDULE 5 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

Footnotes

  1. F1
    S. 1(1)—(8) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  2. C1
    “The said section 2” means Metropolitan Police Act 1856 (c. 2, SIF 95), s. 2
  3. C2
    The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.
  4. M1
    1829 c. 44
  5. M2
    1856 c. 2.
  6. F2
    S. 2(1)—(3) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  7. F3
    S. 2(4) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4
  8. F4
    S. 2(5)—(7) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  9. F5
    S. 3 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  10. F6
    S. 4 repealed by Solicitors Act 1974 (c. 47, SIF 76:1), Sch. 4
  11. F7
    S. 5 substituted (19.6.1997) by virtue of 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 13(2) (with Sch. 4 para. 27)
  12. F8
    Words in s. 5 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 167, Sch. 10; S.I. 2005/910, art. 3(y)(aa)
  13. F9
    S. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
  14. F10
    S. 7 repealed (E.W.) by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
  15. F11
    S. 7(1) repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. VI
  16. C3
    The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.
  17. M3
    1970 c. 31.
  18. M4
    1970 c. 31.
  19. F12
    S. 8(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 12
  20. C4
    By virtue of S.I. 1981/1670, arts. 2, 3(5), s. 9(1) has effect as if the reference to the Minister for the Civil Service were a reference to the Treasury
  21. F13
    S. 9(1)(a) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 9(2), (Sch. 18 Pt. 5); S.I. 2009/1604, art. 2
  22. F14
    S. 9(1)(b) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
  23. F15
    S. 9: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
  24. C5
    S. 9(1)(c) modified (9.11.1998) by 1998 c. 42, ss. 18(4)(b), 22(2) (with ss. 7(8), 22(5))
  25. C6
    S. 9(1)(c)(d) modified (27.9.1999) by 1999 c. 22, ss. 68(3)(a), 103(3)(b) (with Sch. 14 para. 7(2))
  26. C7
    S. 9(1)(d) modified (9.11.1998) by 1998 c. 42, ss. 18(4)(c), 22(2) (with ss. 7(8), 22(5))
  27. F16
    S. 9(1)(e) substituted for s. 9(1)(e)(f) (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 21 (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3
  28. F17
    S. 9(4) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 84(e), 125(6)(7), Sch. 19 para. 10(4), Sch. 20
  29. F18
    Words in s. 9(5) inserted (12.4.2010) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 11; S.R. 2010/113, art. 2, Sch. para. 20(a)
  30. F19
    S. 10(1)–(7), except as applied by subsection (8), repealed (with saving) by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 2 para. 18, Sch. 4
  31. F20
    Words in s. 10(1) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(2)
  32. M5
    1950 c. 11 (14 & 15 Geo. 6).
  33. F21
    Words in s. 10(2)(a) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(3)(a)
  34. F22
    Words in s. 10(2)(b) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(3)(b)(i)
  35. F23
    Words in s. 10(2)(b)(i) substituted (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 6 para. 10(1)(b)(ii) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
  36. F24
    Words in s. 10(2)(b)(i) inserted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(3)(b)(ii)
  37. F25
    Words in s. 10(3) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(4)
  38. F26
    Words in s. 10(4) inserted (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para. 10(1)(c)(i) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
  39. F27
    Words in s. 10(4)(c) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(5)
  40. F28
    Words in s. 10(5) substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), arts. 1, 48(6)
  41. F29
    Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
  42. F30
    S. 10(9) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4
  43. F31
    S. 11 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4
  44. F32
    Words in s. 12(1) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 19(3)(a)(i), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(e)(f)
  45. F33
    S. 12: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
  46. F34
    Words in s. 12(1) inserted (12.4.2010) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 12; S.R. 2010/113, art. 2, Sch. para. 20
  47. F35
    Words in s. 12(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss.145, 148, Sch. 17 para. 19(3)(a)(ii); S.I. 2009/1604, art. 2(e)
  48. F36
    S. 12(2) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 19(3)(b), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(e)(f)
  49. F37
    S. 12(3) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
  50. F38
    S. 13 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4
  51. C8
    The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.
  52. M6
    1960 c. 2 (N.I.).
  53. F39
    S. 14(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
  54. F40
    S. 15 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
  55. F41
    S. 16(1) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
  56. F42
    S. 16(2)—(6) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
  57. F43
    S. 16(7) repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
  58. M7
    1925 c. 49.
  59. F44
    S. 16: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
  60. M8
    1956 c. 46.
  61. F45
    S. 17 repealed by Prosecution of Offences Act 1985 (c. 23), s. 31(6), Sch. 2
  62. C9
    The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.
  63. F46
    S. 18(2)(a) repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5
  64. F47
    Words repealed by Judicature (Northern Ireland) Act 1978 (c. 23), s. 123(2), Sch. 7 Pt. I
  65. F48
    Words in s. 18(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 25; S.I. 2009/1604, art. 2(d)
  66. F49
    S. 18: words substituted (1.10.2009) in each place in Act by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
  67. F50
    Words repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5
  68. F51
    Words in s. 18(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. para. 12(2)
  69. F52
    Words in s. 18(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 25; S.I. 2009/1604, art. 2(d)
  70. F53
    S. 18(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
  71. F54
    Ss. 19, 20 repealed by Statute Law Repeals Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
  72. F55
    Sch. 1 para. 1 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  73. F56
    Sch. 1 para. 2 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4
  74. F57
    Sch. 1 para. 3 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)
  75. F58
    Sch. 1 paras. 4—6 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  76. F59
    Sch 1 para. 7 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)
  77. F60
    Sch 1 para. 7A repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)
  78. F61
    Sch 1 para. 7B repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)
  79. F62
    Sch. 1 para. 8 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  80. F63
    Sch. 1 para. 9(1) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 1 para. 6, Sch. 3
  81. F64
    Sch. 1 para. 9(2) repealed by Solicitors Act 1974 (c. 47, SIF 76:1), Sch. 4
  82. F65
    Sch 1 para. 10(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, 109(1)(3), Sch. 8 para. 168, Sch. 10; S.I. 2005/910, art. 3(y)(aa)
  83. M9
    1829 c. 44(95).
  84. M10
    1856 c. 2(95).
  85. C10
    “that section” means Metropolitan Police Act 1829 (c. 44, SIF 95), s. 1
  86. F66
    Sch. 1 para. 11 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4
  87. F67
    Sch. 1 para. 12 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
  88. F68
    Sch. 2 so far as it relates to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
  89. F69
    Sch. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}
  90. M11
    1959 c. 25 (N.I.)
  91. M12
    1951 c. 20 (N.I.)
  92. M13
    1960 c. 2 (N.I.)
  93. M14
    1960 c. 2 (N.I.)
  94. M15
    1951 c. 20 (N.I.)
  95. M16
    1951 c. 20 (N.I.)
  96. C11
    Reference to the Ministry of Finance for Northern Ireland to be construed as reference to the Treasury by virtue of Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8; S.I. 1973/2163, art. 5(1)(c), Sch. 2 and S.I. 1981/1670, arts. 2(1)(c), 3(5)
  97. C12
    Reference to the Ministry of Home Affairs for Northern Ireland to be construed as reference to the Lord Chancellor by virtue of Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 40, Sch. 5 para. 8 and S.I. 1973/2163, art. 3, Sch. 2
  98. M17
    1951 c. 20 (N.I.)
  99. F70
    Words in Sch. 3 para. 3 substituted (31.3.1995) by virtue of 1993 c. 8, s. 51(3), Sch. 8 para. 10(2); S.I. 1995/631, art. 2.
  100. M18
    1954 c. 33 (N.I.)
  101. F71
    Sch. 4 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4
  102. F72
    Sch. 5 repealed by Statute Law Repeals Act 1989 (c. 43), s. 1, Sch. 1 Pt. I
  103. C13
    The text of ss. 7(2), 14(1), 18(1) and Sch. 2 Pt. II and part of s. 1(9) is in the form in which it was originall enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals made prior to 1.2.1991.
  104. M19
    1959 c. 22.
  105. F73
    Sch. 2 Pt. II paras. (a)(b) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
  106. F74
    S. 9(5) repealed (S.) (1.4.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 35; S.S.I. 2016/13, art. 2, Sch.
  107. F75
    Word in s. 9 heading inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 8(2)
  108. F76
    S. 9(3A) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 8(3)