Part 4

Constitutional Reform Act 2005

2005 Chapter 4 - continued

SCHEDULE 11, RENAMING OF THE SUPREME COURTS OF ENGLAND AND WALES AND NORTHERN IRELAND - continued

back to previous text

PART 4

SPECIFIC AMENDMENTS

Chelsea and Kilmainham Hospitals Act 1826 (c. 16)

(1) The Chelsea and Kilmainham Hospitals Act 1826 is amended as follows.

(2) For "Supreme Court" in each place substitute "Senior Courts".

(3) In sections 46, 49 and 50 for "the said court" in each place substitute "the said courts".

Ecclesiastical Houses of Residence Act 1842 (c. 26)

(1) The Ecclesiastical Houses of Residence Act 1842 is amended as follows.

(2) For "Supreme Court" in each place substitute "Senior Courts".

(3) In section 12 for "the said court" in each place substitute "the said courts".

Lands Clauses Consolidation Act 1845 (c. 18)

(1) The Lands Clauses Consolidation Act 1845 is amended as follows.

(2) For "Supreme Court" in each place, except in section 3, substitute "Senior Courts".

(3) In section 3 for the definition of "Supreme Court" substitute-

"Any reference to the Senior Courts shall, where it relates to monies to be paid or deposited in respect of lands situate in Northern Ireland, be read as a reference to the Court of Judicature."

Landed Estates Court (Ireland) Act 1858 (c. 72)

(1) The Landed Estates Court (Ireland) Act 1858 is amended as follows.

(2) In section 56 (purchase money)-

(a) in the side-note for "Supreme Court" substitute "Court of Judicature";

(b) for "Supreme Court of Judicature of Northern Ireland ("the Supreme Court")" substitute "Court of Judicature".

(3) In section 57 (persons interested may bid at sale, etc) for "Supreme Court" in each place substitute "Court of Judicature".

(4) In section 70 (power to order money to be paid into Court)-

(a) for "Supreme Court or (where the case may require) the Supreme Court of Judicature of England" substitute "Court of Judicature or (where the case may require) the Senior Courts";

(b) for "such respective Court" substitute "the Court of Judicature or the Senior Courts respectively";

Defence Act 1860 (c. 112)

(1) The Defence Act 1860 is amended as follows.

(2) In sections 21 and 22 (payment to meet consequent expenses, and payment into Supreme Court on failure to deduce title) for "Supreme Court or into the Supreme Court in Northern Ireland" substitute "Senior Courts or Court of Judicature".

(3) In section 23 (orders concerning money paid into Supreme Court)-

(a) for "Supreme Court" substitute "Senior Courts";

(b) for "the said Court" substitute "the said Courts".

The Great Seal (Offices) Act 1874 (c. 81)

In the Great Seal (Offices) Act 1874, in section 5 (transfer of duties of cursitors and clerk of the petty bag)-

(a) for "of the Supreme Court" substitute "of the Senior Courts";

(b) for the words from "under the Supreme Court" to "amending the same" substitute "within the meaning given in the Interpretation Act 1978".

Commons Act 1876 (c. 56)

In the Commons Act 1876, in section 30 (jurisdiction of county court) for the words from "to be made by the Supreme Court" to "Supreme Court of Judicature Act 1875" substitute "within the meaning given in the Interpretation Act 1978".

Public Offices Fees Act 1879 (c. 58)

In the Public Offices Fees Act 1879, in section 7 (application of Act) for "Supreme Courts of Judicature," substitute "Senior Courts, the Court of Judicature,".

Commissioners for Oaths Act 1889 (c. 10)

(1) The Commissioners for Oaths Act 1889 is amended as follows.

(2) For "Supreme Court" in each place, except in section 11, substitute "Senior Courts".

(3) In section 11 omit the definition of "Supreme Court".

Notice of Accidents Act 1894 (c. 28)

(1) The Notice of Accidents Act 1894 is amended as follows.

(2) In section 3(4) for "master of the Supreme Court" substitute "Master (Taxing Office) of the Court of Judicature".

(3) Omit section 8.

London Building Acts (Amendment) Act 1939 (c. xcvii)

(1) The London Building Acts (Amendment) Act 1939 is amended as follows.

(2) In section 105 (payment of surplus of proceeds into court) for "Supreme Court of Judicature" substitute "Senior Courts".

(3) In section 116 (tribunal may state case for opinion of High Court) in subsection (6) for the words from "the court" to the end substitute "court".

Registered Designs Act 1949 (c. 88)

In the Registered Designs Act 1949, in section 31 (evidence before registrar) in paragraph (b) before "as regards" insert "or of the Court of Judicature".

Maintenance Orders Act 1950 (c. 37)

(1) The Maintenance Orders Act 1950 is amended as follows.

(2) In section 17(3)(a) for "Supreme Court of Judicature in England" substitute "Senior Courts" and for "Supreme Court of Judicature of Northern Ireland" substitute "Court of Judicature".

(3) In section 18(1B) for "Supreme Court in England or Northern Ireland" substitute "Senior Courts or the Court of Judicature".

Northern Ireland Act 1962 (c. 30)

In the Northern Ireland Act 1962, in section 29 (supplemental) in subsection (1) omit the definition of "the Supreme Court".

Solicitors Act 1974 (c. 47)

(1) The Solicitors Act 1974 is amended as follows.

(2) In section 6 (keeping of the roll) in subsection (1) for "Supreme Court" substitute "Senior Courts".

(3) In section 19 (rights of practising and rights of audience)-

(a) in subsection (1)(a) for "Supreme Court" substitute "Senior Courts";

(b) in subsection (2) omit "section 94 of the Supreme Court Act 1981,".

(4) In section 29 (non-British subjects as solicitors) for "of the Supreme Court or of the Supreme Court of Northern Ireland" substitute "of the Senior Courts or of the Court of Judicature".

(5) In section 50 (jurisdiction over solicitors)-

(a) in the side-note and subsection (1) for "Supreme Court" substitute "Senior Courts";

(b) in subsection (2) for "Supreme Court was" substitute "Senior Courts were".

(6) In section 87 (interpretation) in the definitions of "contentious business", "the roll", and "solicitor" for "Supreme Court" substitute "Senior Courts".

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable)-

(a) in subsection (1)(a) for "Supreme Court" substitute "Senior Courts, in the Court of Judicature";

(b) in subsection (5), omit ""the Supreme Court"".

Patents Act 1977 (c. 37)

(1) The Patents Act 1977 is amended as follows,

(2) In section 102A (right of audience etc) in subsection (1) for "Supreme Court" substitute "Senior Courts or (in the application of this section to Northern Ireland) of the Court of Judicature".

(3) In subsection (2) of that section for "Supreme Court" substitute "Senior Courts or of the Court of Judicature".

(4) In section 106 (costs and expenses in proceedings before the Court) for "the Rules of the Supreme Court or by the County Court Rules" substitute "rules of court".

Interpretation Act 1978 (c. 30)

In the Interpretation Act 1978, in Schedule 1 (words and expressions defined)-

(a) for the definition of "Supreme Court" substitute-

""Supreme Court" means the Supreme Court of the United Kingdom."

(b) insert the following definitions at the appropriate places-

""Court of Judicature" means the Court of Judicature of Northern Ireland."

""Senior Courts" means the Senior Courts of England and Wales."

Judicial Pensions Act 1981 (c. 20)

(1) The Judicial Pensions Act 1981 is amended as follows.

(2) In the table in section 1 (interpretation) in each place-

(a) for "Supreme Court of England and Wales" substitute "Senior Courts";

(b) for "Supreme Court of Northern Ireland" substitute "Court of Judicature".

(3) In the table in section 16 (application of Part 2, and interpretation) for "Supreme Court" and "Supreme Court of Northern Ireland" respectively in each place (except where those words are inserted by this Act) substitute "Senior Courts" and "Court of Judicature".

(4) In Schedule 1 (certain officers, and President of Transport Tribunal) for "Supreme Court" in each place substitute "Senior Courts".

Supreme Court Act 1981 (c. 54)

(1) The Supreme Court Act 1981 is amended as follows.

(2) For "Supreme Court" in each place substitute "Senior Courts".

(3) In section 14, in the side-note for "Supreme" substitute "Senior Courts".

Administration of Justice Act 1982 (c. 53)

(1) The Administration of Justice Act 1982 is amended as follows.

(2) In the following provisions for "Supreme Court" or "Supreme Court of Judicature" substitute "Court of Judicature"-

(a) section 23(1)(c);

(b) section 25(3)(c);

(d) section 42(5)(b).

(3) In section 47 (interpretation of Part 6) in the definition of "Accountant General" for "the Accountant General of the Supreme Court" substitute "in relation to England and Wales, the Accountant General of the Senior Courts and, in relation to Northern Ireland, the Accountant General of the Court of Judicature".

Representation of the People Act 1983 (c. 2)

(1) The Representation of the People Act 1983 is amended as follows.

(2) In section 157 (application to Northern Ireland)-

(a) in each place for "Supreme Court (Queen's Bench Division)" substitute "Senior Courts (Queen's Bench Division)";

(b) in subsection (8) for "Supreme Court of Judicature" substitute "Court of Judicature".

(3) In the following provisions for "Supreme Court" substitute "Senior Courts"-

(a) section 182(1);

(b) section 183(1).

Income and Corporation Taxes Act 1988 (c. 1)

In the Income and Corporation Taxes Act 1988, in section 469A(2) (court common investment funds)-

(a) for "Supreme Court of Judicature in" substitute "Senior Courts of";

(b) for "Supreme Court of Judicature of" substitute "Court of Judicature of".

Taxation of Chargeable Gains Act 1992 (c. 12)

(1) The Taxation of Chargeable Gains Act 1992 is amended as follows.

(2) In section 61 (funds in court) in subsection (3)-

(a) for "Supreme Court" in paragraph (a) substitute "Senior Courts";

(b) for "Supreme Court of Judicature in England" substitute "Senior Courts";

Trade Marks Act 1994 (c. 26)

In the Trade Marks Act 1994 in section 69 (evidence before registrar) for "Supreme Court" substitute "Senior Courts or of the Court of Judicature".

Supreme Court (Offices) Act 1997 (c. 69)

In the Supreme Court (Offices) Act 1997, for "Supreme Court" in each place substitute "Senior Courts".

Northern Ireland Act 1998 (c. 47)

(1) The Northern Ireland Act 1998 is amended as follows.

(2) In Schedules 2 and 3 for "Supreme Court of Judicature" substitute "Court of Judicature".

(3) In paragraph 12(1) of Schedule 12 for "Supreme Court of Judicature of Northern Ireland" substitute "Court of Judicature".

Freedom of Information Act 2000 (c. 36)

In Part 7 of Schedule 1 to the Freedom of Information Act 2000-

(a) omit "The Northern Ireland Supreme Court Rules Committee.";

(b) insert in the appropriate place "The Northern Ireland Court of Judicature Rules Committee.".

Criminal Justice and Court Services Act 2000 (c.43)

In the following provisions of the Criminal Justice and Court Services Act 2000 for "senior court" in each place substitute "superior court"-

(a) section 28(2)(b) and (3)(b);

(b) section 29(2)(b) and (3)(b);

(d) section 30(1).

Prepared 5 April 2005