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Administration of Justice Act 1969 in Scotland

1969 c. 58 · Enacted 22 October 1969 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 13 April 2015.

Contents

  1. 1—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 17—19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Part IV: Miscellaneous and Supplementary Provisions
  6. 24Appeal Tribunals under Patents Act 1949 and Registered Designs Act 1949.
  7. 27Records of grants of probate and grants of adminstration.
  8. 30Superannuation benefits in respect of certain judicial offices.
  9. 34Interpretation, application to Crown, and provisions as to orders.
  10. 35Minor and consequential amendments and repeals.
  11. 36Short title, extent and commencement.
  12. Schedule 1ENACTMENTS AMENDED
  13. Schedule 2Schedule 2

1—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

17—19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

24Appeal Tribunals under Patents Act 1949 and Registered Designs Act 1949.C1

(1)

Section . . . F1 28 of the M1Registered Designs Act 1949( . . . which provides for an Appeal Tribunal) shall be amended in accordance with the following provisions of this section.

(2)

For subsection (2) . . . (which provides that the Appeal Tribunal shall be a judge of the High Court nominated by the Lord Chancellor) there shall be substituted the following subsections:—

“(2)

The Appeal Tribunal shall consist of one or more judges of the High Court nominated for the purpose by the Lord Chancellor.

(2A)

At any time when it consists of two or more judges, the jurisdiction of the Appeal Tribunal—

(a)

where in the case of any particular appeal the senior of those judges so directs, shall be exercised in relation to that appeal by both of the judges, or (if there are more than two) by two of them, sitting together, and

(b)

in relation to any appeal in respect of which no such direction is given, may be exercised by any one of the judges;

and, in the exercise of that jurisdiction, different appeals may be heard at the same time by different judges”.

(3)

After subsection (8) . . . (which empowers the Appeal Tribunal to make rules) there shall be inserted the following subsection:—

“(8A)

At any time when the Appeal Tribunal consists of two or more judges, the power to make rules under subsection (8) of this section shall be exercisable by the senior of those judges:

Provided that another of those judges may exercise that power if it appears to him that it is necessary for rules to be made and that the judge (or, if more than one, each of the judges) senior to him is for the time being prevented by illness, absence or otherwise from making them”.

(4)

At the end . . . as subsection (10) . . . ) the following provision:—

“For the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of the High Court respectively”.

27Records of grants of probate and grants of adminstration.

F1C1(1)

The following section shall be substituted for section 156 of the Judicature Act 1925:—

“

156
(1)

Records shall be kept of all grants of probate and grants of administration which are made in the principal probate registry or in any of the district probate registries.

(2)

Any such records shall be in such form, and shall contain such particulars, as the President of the Probate Division may direct.”

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

5)—(7)

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

30Superannuation benefits in respect of certain judicial offices.C1

In M1 the Superannuation Act 1965 the following section shall be inserted after section 39:—

“

39A

—:

(1)

The Lord Chancellor may with the consent of the Minister for the Civil Service make rules with respect to the suprannuation benefits payable to or in respect of persons who have been employed—

(a)

in two or more offices falling within paragraphs (a) to (i) of subsection (3) of this section, or

(b)

in one or more such offices and in one or more judicial offices remunerated out of central funds.

(2)

The Secretary of State may with the consent of the Minister for the Civil Service make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed—

(a)

in two or more offices falling within paragraphs (j) and (k) of subsection (3) of this section, or

(b)

in one or more such offices and in one or more judicial offices remunerated out of central funds.

(3)

The offices referred to in subsections (1)(a) and (2)(a) of this section are the following, that is to say—

(a)

Recorder of London;

(b)

Common Serjeant;

(c)

additional judge of the Central Criminal Court;

(d)

recorder of Liverpool;

(e)

recorder of Manchester;

(f)

assistant judge of the Mayor’s and City of London Court;

(g)

presiding judge of the Court of Passage of the City of Liverpool;

(h)

chairman or deputy chairman of a court of quarter sessions where under any enactment (whether passed before or after this Act) a person may qualify for a pension by virtue of service in that office;

(i)

stipendiary magistrate in England or Wales, other than metropolitan stipendiary magistrate;

(j)

stipendiary magistrate appointed under section 455 of the Burgh Police (Scotland) Act 1892;

(k)

stipendiary magistrate appointed under section 24 of the Glasgow Corporation and Police Act 1895.

(4)

Subsections (2) to (5) of section 38 of this Act shall have effect in relation to rules made under this section as they have effect in relation to rules under that section, as if—

(a)

in subsection (2) of that section any reference to a public office were a reference to an office which is either an office specified in subsection (3) of this section or a judicial office remunerated out of central funds, and the reference to such supplemental and incidental provisions as are mentioned in that subsection were a reference to such supplemental and incidental provisions as appear to the Lord Chaancellor or to the Secretary of State (as the case may be) to be expedient, and

(b)

in subsections (3) and (4) of that section any reference to different public offices, or to ceasing to be employed in one public office and becoming employed in another, were a reference to different offices or (as the case may be) to ceasing to be employed in one office and becoming employed in another (“office" for this purpose being taken to mean any office which is either an office specified in subsection (3) of this section or a judicial office remunerated out of central funds).

(5)

Where any rules under this section make provision for any pension to be defrayed partly by one authority and partly by one or more other authorities, whether by way of contribution or otherwise, nothing in section 10(2) of the Criminal Justice Administration Act 1956 (which requires contributions to be paid by the city councils of Liverpool and Manchester in respect of the Crown Courts and recorders of those cities) shall be construed as preventing the rules from applying that provision to, or making any such provision specially in respect of, persons whose employment includes employment as recorder of Liverpool or recorder of Manchester.

(6)

In this section “judicial office remunerated out of central funds” means any of the following, that is to say—

(a)

any office listed in Schedule 1 to the Administration of Justice (Pensions) Act 1950, with the exception of the offices of stipendiary magistrate referred to in the last two entries in that Schedule, and

(b)

any office in relation to which sections 2 to 8 of that Act have effect as if it were listed in that Schedule, with the exception of the offices of recorder of Liverpool and recorder of Manchester,

and “pension" has the meaning assigned to it by section 38(6) of this Act.”

34Interpretation, application to Crown, and provisions as to orders. E+W+S

(1)

In this Act “enactment", unless the context otherwise requires, includes an enactment of the Parliament of Northern Ireland, and “the M1Judicature Act 1925” means the Supreme Court of Judicature (Consolidation) Act 1925.

(2)

Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

(3)

F1Section 20 of this Act shall bind the Crown so far as (but no further than) any proceedings to which that section is applicable can be brought by or against the Crown in accordance with the M2Crown Proceedings Act 1947, F2and section 22 of this Act shall bind the Crown so far as (but no further than) by virtue of section 24(3) of that Act section 3 of the M3Law Reform (Miscellaneous Provisions) Act 1934 applies to proceedings by or against the Crown.

(4)

Any power conferred on the Lord Chancellor by this Act to make an order shall include power to revoke or vary the order by a subsequent order.

(5)

Any power of the Lord Chancellor to make an order under this Act shall be exercisable by statutory instrument.

(6)

In the application to Northern Ireland of so much of subsection (3) of this section as relates to section 20 of this Act, the reference to the M4Crown Proceedings Act 1947 is a reference to that Act as it applies in Northern Ireland in relation to the Crown in right of Her Majesty’s Government in the United Kingdom and in right of Her Majesty’s Government in Northern Ireland.

35Minor and consequential amendments and repeals.

C1(1)

The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential upon the preceding provisions of this Act.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

36Short title, extent and commencement.

(1)

This Act may be cited as the Administration of Justice Act 1969.

(2)

This Act (except section 24, subsections (1) and (2) of section 27, sections 30, . . . F1, 34, 35 and this section and Schedules 1 and 2) shall not extend to Scotland.

(3)

This Act (except Part II and sections 20, 21, 24, 27, 30, . . . , . . . F2 to 35 and this section and Schedules 1 and 2) shall not extend to Northern Ireland.

(4)

Section 24 of this Act shall extend to the Isle of Man.

(5)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

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

Schedule 1ENACTMENTS AMENDEDC1

EnactmentAmendment
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Patents Act 1949 (12, 13 and 14 Geo. 6. c. 87)In section 101(1), for the definition of “Appeal Tribunal" there shall be substituted the words, “Appeal Tribunal" means the Appeal Tribunal constituted and acting in accordance with section 85 of this Act as amended by the Administration of Justice Act 1969.
The Registered Designs Act 1949 (12, 13 and 14 Geo. 6. c. 88)In section 44(1), for the definition of “Appeal Tribunal" there shall be substituted the words “Appeal Tribunal" means the Appeal Tribunal constituted and acting in accordance with section 28 of this Act as amended by the Administration of Justice Act 1969.
. . . F2 . . .
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . F4 . . .
The Superannuation Act 1965 (1965 c.74)In section 97(1)(a) after the word “offices" there shall be inserted the words “(including section 39A of this Act)".

Schedule 2F1

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