OpenLegislation

Section 5 Power to abolish office of clerk of the petty bag and transfer of duties.C1

United Kingdom

. . . F1 all the duties and powers of the cursitors of the Court of Chancery, and all the duties and powers of the clerk of the petty bag with respect to solicitors, the administering of oaths, the attending with records, the enrolment of documents, the sealing and issuing of documents or writs with or under the Chancery common law seal, and other matters relating to the administration of justice (but excluding any writs or letters patent passed under the Great Seal of the United Kingdom), shall be performed by or vested . . . in such officer F2of the Senior Courts as may from time to time be directed by rules of court F3within the meaning given in the Interpretation Act 1978 .

All the duties and powers other than those above mentioned in this section of the clerk of the petty bag, including all duties and powers relating to any writs or letters patent passed under the Great Seal of the United Kingdom, shall be performed by and vested in the clerk of the Crown in Chancery or his officers in such manner as the Lord Chancellor may from time to time direct.

If any doubt arise as to whether any duty or power of the clerk of the petty bag is or is not transferred to the clerk of the Crown in Chancery, such doubt shall be determined by the Lord Chancellor, whose decision shall be final.

. . .

Annotations

Textual amendments

F1

Words repealed by Statute Law Revision (No.2) Act 1893 (c. 54)

F2

Words in s. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 12(a); S.I. 2009/1604, art. 2(d)

F3

Words in s. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 12(b); S.I. 2009/1604, art. 2(d)

Modifications

C1

S. 5 amended (E.W.) (01.01.1992) by S.I. 1991/2684, arts. 2, 4 and Sch.1.