OpenLegislation

Article 37

Original text. Later amendments are not shown.

(1)

Where on the date when section 1 of the Administration of Justice Act 1970 comes into force any proceedings are pending in one Division which, if begun after that date, would have been required by that section to be assigned to another Division, the power conferred on the Court by Order 4, rule 3, to transfer the proceedings to that other Division may at any time be exercised by the Court of its own motion.

(2)

Unless the Court has already exercised its power under paragraph (1), it shall, on the first application in any such proceedings after the coming into force of the said section 1, consider whether or not to exercise that power.

(3)

Where by virtue of paragraph (1) the Court makes an order under Order 4, rule 3, of its own motion, the order need not be drawn up; but the Court shall given notice thereof to the parties to the proceedings.

(4)

On the coming into force of the said section 1, all proceedings which involve the exercise of the High Court's Admiralty jurisdiction or its jurisdiction as a prize court, shall be treated as having been assigned to the Queen's Bench Division.