OpenLegislation

Senior Courts Act 1981

1981 c. 54 · Enacted 28 July 1981 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 16modifiedPlanning (Wales) Act 2026 s. 378(5)
s. 31(3)(a)word insertedCriminal Justice and Courts Act 2015 s. 85(1)(a)
s. 31(3)(b) and wordinsertedCriminal Justice and Courts Act 2015 s. 85(1)(b)
s. 31(3A)(3B)insertedCriminal Justice and Courts Act 2015 s. 85(2)

E1C1An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the F2Senior Courts in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes.

[28th July 1981]

Annotations to the whole text

Textual amendments

F1

Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)

F2

Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

Modifications

C1

By Criminal Justice Act 1991 (c. 53 SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Extent

E1

For extent see s. 153(4)(5)

Contents

  1. Part I: CONSTITUTION OF Senior Courts
  2. The Senior Courts
  3. 1The Senior Courts.
  4. The Court of Appeal
  5. 2The Court of Appeal.
  6. 3Divisions of Court of Appeal.
  7. The High Court
  8. 4The High Court.
  9. 5Divisions of High Court.
  10. 6The Patents, Admiralty and Commercial Courts.
  11. 7Power to alter Divisions or transfer certain courts to different Divisions.
  12. The Crown Court
  13. 8The Crown Court.
  14. Other provisions
  15. 9Assistance for transaction of judicial business ....
  16. 10Appointment of judges of Senior Courts.
  17. 11Tenure of office of judges of Senior Courts.
  18. 12Salaries etc. of judges of Senior Courts.
  19. 13Precedence of judges of Senior Courts.
  20. 14Power of judge of Senior Courts or Crown Court to act in cases relating to rates and taxes.
  21. Part II: JURISDICTION
  22. Chapter: The Court of Appeal
  23. 15General jurisdiction of Court of Appeal.
  24. 16Appeals from High Court.
  25. 17Applications for new trial.
  26. 18Restrictions on appeals to Court of Appeal.
  27. Chapter: The High Court
  28. General jurisdiction
  29. 19General jurisdiction of High Court.
  30. Admiralty jurisdiction
  31. 20Admiralty jurisdiction of High Court.
  32. 21Mode of exercise of Admiralty jurisdiction.
  33. 22Restrictions on entertainment of actions in personam in collision and other similar cases.
  34. 23High Court not to have jurisdiction in cases within Rhine Convention.
  35. 24Supplementary provisions as to Admiralty jurisdiction.
  36. Other particular fields of jurisdiction
  37. 25Probate jurisdiction of High Court.
  38. 26Matrimonial jurisdiction of High Court.
  39. 27Prize jurisdiction of High Court.
  40. 28Appeals from Crown Court and inferior courts.
  41. 28AProceedings on case stated by magistrates’ court or Crown Court.
  42. 29Mandatory, prohibiting and quashing orders
  43. 29AFurther provision in connection with quashing orders
  44. 30Injunctions to restrain persons from acting in offices in which they are not entitled to act.
  45. 31Application for judicial review.
  46. 31ATransfer of judicial review applications to Upper Tribunal
  47. Powers
  48. 32Orders for interim payment.
  49. 32AOrders for provisional damages for personal injuries.
  50. 33Powers of High Court exercisable before commencement of action.
  51. 34Power of High Court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death.
  52. 35Provisions supplementary to ss. 33 and 34.
  53. 35APower of High Court to award interest on debts and damages.
  54. 36Subpoena issued by High Court to run throughout United Kingdom.
  55. 37Powers of High Court with respect to injunctions and receivers.
  56. 38Relief against forfeiture for non-payment of rent.
  57. 39Execution of instrument by person nominated by High Court.
  58. 40Attachment of debts.
  59. 40AAdministrative and clerical expenses of garnishees.
  60. 41Wards of court.
  61. 42Restriction of vexatious legal proceedings.
  62. 43Power of High Court to vary sentence on application for quashing order.
  63. 43ZAPower of High Court to vary committal in default.
  64. 43ASpecific powers of arbitrator exercisable by High Court.
  65. Other provisions
  66. 44Extraordinary functions of judges of High Court.
  67. Chapter: The Crown Court
  68. 45General jurisdiction of Crown Court.
  69. 46Exclusive jurisdiction of Crown Court in trial on indictment.
  70. 46ZARemitting proceedings to magistrates’ courts for trial
  71. 46AOffences committed on ships and abroad.
  72. 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  73. 48Appeals to Crown Court.
  74. Chapter: General Provisions
  75. Law and equity
  76. 49Concurrent administration of law and equity.
  77. 50Power to award damages as well as, or in substitution for, injunction or specific performance.
  78. Costs
  79. 51Costs in civil division of Court of Appeal, High Court and county courts.
  80. 52Costs in Crown Court.
  81. 52AAppeals to Crown Court: criminal courts charge
  82. Part III: PRACTICE AND PROCEDURE
  83. Chapter: The Court of Appeal
  84. Distribution of business
  85. 53Distribution of business between civil and criminal divisions.
  86. Composition of court
  87. 54Court of civil division.
  88. 55Court of criminal division.
  89. 56Judges not to sit on appeal from their own judgments, etc.
  90. 56ACircuit judges not to sit on certain appeals. Repealed
  91. 56BAllocation of cases in criminal division.
  92. Sittings and vacations
  93. 57Sittings and vacations.
  94. Other provisions
  95. 58Calling into question of incidental decisions in civil division.
  96. 59Form of judgment of court of criminal division.
  97. 60Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory.
  98. Chapter: The High Court
  99. Distribution of business
  100. 61Distribution of business among Divisions.
  101. 62Business of Patents, Admiralty and Commercial Courts.
  102. 63Business assigned to specially nominated judges.
  103. 64Choice of Division by plaintiff.
  104. 65Power of transfer.
  105. Divisional courts
  106. 66Divisional courts of High Court.
  107. Mode of conducting business
  108. 67Proceedings in court and in chambers.
  109. 68Exercise of High Court jurisdiction otherwise than by judges of that court.
  110. 69Trial by jury.
  111. 70Assessors and scientific advisers.
  112. Sittings and vacations
  113. 71Sittings and vacations.
  114. Other provisions
  115. 72Withdrawal of privilege against incrimination of self or spouse in certain proceedings.
  116. Chapter: The Crown Court
  117. Composition of court
  118. 73General provisions.
  119. 74Appeals and committals for sentence.
  120. Distribution of business
  121. 75Allocation of cases according to composition of court, etc.
  122. 76Sending for trial: alteration of place of trial.
  123. 77Sending for trial: date of trial.
  124. Sittings
  125. 78Sittings.
  126. Other provisions
  127. 79Practice and procedure in connection with indictable offences and appeals.
  128. 80Process to compel appearance.
  129. 81Bail.
  130. 82Duties of officers of Crown Court.
  131. 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  132. Chapter: Rules of Court
  133. 84Power to make rules of court.
  134. 85The Senior Courts Rule Committee.
  135. 86The Crown Court Rule Committee. Repealed
  136. 86AProcess for making rules of court under section 84
  137. 86BRules to be made if required by Lord Chancellor
  138. 87Particular matters for which rules of court may provide.
  139. Part IV: OFFICERS AND OFFICES
  140. Appointment of certain officers of Senior Courts
  141. 88Qualification for office.
  142. 89Masters and registrars.
  143. 90Official Solicitor.
  144. 91Deputies and temporary appointments.
  145. Other provisions relating to officers of Senior Courts
  146. 92Tenure of office.
  147. 93Status of officers for purposes of salary and pension.
  148. 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  149. 95Property held by officers.
  150. Central Office and Accountant General
  151. 96Central Office.
  152. 97Accountant General.
  153. Judges’ clerks and secretaries
  154. 98Judges’ clerks and secretaries.
  155. District registries and district registrars
  156. 99District registries.
  157. 100District judges
  158. 101Power of one district registrar to act for another.
  159. 102Deputy district registrars.
  160. 103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  161. District probate registries
  162. 104District probate registries.
  163. Part V: PROBATE CAUSES AND MATTERS
  164. Procedure in probate registries in relation to grants of representation
  165. 105Applications.
  166. 106Grants by district probate registrars.
  167. 107No grant where conflicting applications.
  168. 108Caveats.
  169. 109Refusal of grant where capital transfer tax unpaid.
  170. 110Documents to be delivered to Commissioners of Inland Revenue.
  171. 111Records of grants.
  172. Powers of court in relation to personal representatives
  173. 112Summons to executor to prove or renounce.
  174. 113Power of court to sever grant.
  175. 114Number of personal representatives.
  176. 115Grants to trust corporations.
  177. 116Power of court to pass over prior claims to grant.
  178. 117Administration pending suit.
  179. 118Effect of appointment of minor as executor.
  180. 119Administration with will annexed.
  181. 120Power to require administrators to produce sureties.
  182. Revocation of grants and cancellation of resealing at instance of court
  183. 121Revocation of grants and cancellation of resealing at instance of court.
  184. Ancillary powers of court
  185. 122Examination of person with knowledge of testamentary document.
  186. 123Subpoena to bring in testamentary document.
  187. Provisions as to documents
  188. 124Place for deposit of original wills and other documents.
  189. 125Copies of wills and grants.
  190. 126Depositories for wills of living persons.
  191. Probate rules
  192. 127Probate rules.
  193. Interpretation of Part V and other probate provisions
  194. 128Interpretation of Part V and other probate provisions.
  195. Part VI: MISCELLANEOUS AND SUPPLEMENTARY
  196. Miscellaneous provisions
  197. 129Lords Commissioners to represent Lord Chancellor when Great Seal in commission.
  198. 130Fees to be taken in Supreme Court. Repealed
  199. 131Conveyancing counsel of Senior Courts.
  200. 132Proof of documents bearing seal or stamp of Senior Courts or any office thereof.
  201. 133Enrolment and engrossment of instruments.
  202. 134Powers of attorney deposited before October 1971.
  203. 135Bonds given under order of court.
  204. 136Production of documents filed in, or in custody of, Senior Courts.
  205. 137Money paid into court under enactment subsequently repealed.
  206. 138Effect of writs of execution against goods. Repealed
  207. 138ASales under executions. Repealed
  208. 138BProtection of officer selling goods under execution. Repealed
  209. 139Attachment of National Savings Bank deposits.
  210. 140Enforcement of fines and forfeited recognizances.
  211. 141Abolition of certain writs. Repealed
  212. 142Selection of judges for trial of election petitions.
  213. 143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  214. 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  215. 145Amendment of Courts-Martial (Appeals) Act 1968.
  216. 146Amendment of Courts Act 1971.
  217. 147Amendment of Solicitors Act 1974.
  218. 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  219. 149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  220. Supplementary
  221. 150Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc.
  222. 151Interpretation of this Act, and rules of construction for other Acts and documents.
  223. 152Amendments of other Acts, transitional provisions, savings and repeals.
  224. 153Citation, commencement and extent.
  225. Schedule 1: Distribution of Business in High Court
  226. Business and Property Division
  227. 1Paragraph 1
  228. Queen’s Bench Division
  229. 2Paragraph 2
  230. Family Division
  231. 3Paragraph 3
  232. Schedule 2: List of offices in Senior Courts for purposes of Part 4
  233. 1Part 1
  234. 2Part 2
  235. 3Part 3
  236. Schedule 3Schedule 3
  237. Schedule 4: Construction of References to Superseded Courts and Officers
  238. General
  239. 1Paragraph 1
  240. The Accountants-General of the Courts of Chancery and Exchequer
  241. 2Paragraph 2
  242. The Court of Criminal Appeal and its registrar
  243. 3Paragraph 3
  244. Principal registrar of Family Division
  245. 4Paragraph 4
  246. Schedule 5: Consequential Amendments
  247. COLONIAL PROBATES ACT 1892 (c. 6)
  248. Paragraph
  249. Paragraph Repealed
  250. Paragraph Repealed
  251. ADMINISTRATION OF ESTATES ACT 1925 (c. 23)
  252. Paragraph
  253. LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11)
  254. Paragraph
  255. FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c. 13)
  256. 1Paragraph 1 Repealed
  257. 2Paragraph 2 Repealed
  258. ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 (c. 36)
  259. Paragraph
  260. Paragraph Repealed
  261. Paragraph Repealed
  262. CRIMINAL JUSTICE ACT 1948 (c. 58)
  263. Paragraph Repealed
  264. CONSULAR CONVENTIONS ACT 1949 (c. 29)
  265. Paragraph
  266. ARBITRATION ACT 1950 (c. 27)
  267. Paragraph
  268. ARMY ACT 1955 (c. 18)
  269. Paragraph
  270. AIR FORCE ACT 1955 (c. 19)
  271. Paragraph
  272. Paragraph Repealed
  273. Paragraph Repealed
  274. Paragraph Repealed
  275. Paragraph Repealed
  276. PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)
  277. Paragraph
  278. NURSES (AMENDMENT) ACT 1961 (c. 14)
  279. RIVERS (PREVENTION OF POLLUTION) ACT 1961 (c. 50)
  280. PUBLIC HEALTH ACT 1961 (c. 64)
  281. Paragraph Repealed
  282. ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)
  283. ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)
  284. 1Paragraph 1 Repealed
  285. 2Paragraph 2 Repealed
  286. 3Paragraph 3 Repealed
  287. VETERINARY SURGEONS ACT 1966 (c. 36)
  288. Paragraph
  289. ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 (c. 41)
  290. Paragraph
  291. MATRIMONIAL CAUSES ACT 1967 (c. 56)
  292. CRIMINAL APPEAL ACT 1968 (c. 19)
  293. 1Paragraph 1
  294. 2Paragraph 2
  295. 3Paragraph 3
  296. HEARING AID COUNCIL ACT 1968 (c. 50)
  297. ... Repealed
  298. HOVERCRAFT ACT 1968 (c. 59)
  299. 1Paragraph 1
  300. 2Paragraph 2
  301. Paragraph Repealed
  302. Paragraph Repealed
  303. ADMINISTRATION OF ESTATES ACT 1971 (c. 25)
  304. 1Paragraph 1
  305. 2Paragraph 2
  306. MISUSE OF DRUGS ACT 1971 (c. 38)
  307. Paragraph
  308. MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59)
  309. Paragraph Repealed
  310. TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)
  311. Paragraph Repealed
  312. Paragraph Repealed
  313. LAND CHARGES ACT 1972 (c. 61)
  314. Paragraph
  315. HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)
  316. Paragraph Repealed
  317. MERCHANT SHIPPING ACT 1974 (c. 43)
  318. Paragraph Repealed
  319. SOLICITORS ACT 1974 (c. 47)
  320. 1Paragraph 1
  321. 2Paragraph 2
  322. HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)
  323. Paragraph
  324. NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)
  325. Paragraph
  326. EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34)
  327. 1Paragraph 1
  328. 2Paragraph 2 Repealed
  329. FARRIERS (REGISTRATION) ACT 1975 (c. 35)
  330. Paragraph
  331. TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32)
  332. Paragraph Repealed
  333. INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46)
  334. Paragraph
  335. Paragraph Repealed
  336. EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44)
  337. Paragraph Repealed
  338. ARBITRATION ACT 1979 (c. 42)
  339. CHARGING ORDERS ACT 1979 (c. 53)
  340. Paragraph
  341. MAGISTRATES’ COURTS ACT 1980 (c. 43)
  342. 1Paragraph 1
  343. 2Paragraph 2
  344. Paragraph Repealed
  345. JUDICIAL PENSIONS ACT 1981 (c. 20)
  346. 1Paragraph 1
  347. 2Paragraph 2
  348. Schedule 6: Transitional Provisions and Savings
  350. 1Paragraph 1 Repealed
  351. Continuity of appointments of officers
  352. 2Paragraph 2
  353. Tenure, etc. of certain officers
  354. 3Paragraph 3 Repealed
  355. 4Paragraph 4 Repealed
  356. 5Paragraph 5
  357. 6Paragraph 6 Repealed
  358. Inland Revenue affidavits
  359. 7Paragraph 7
  360. Grants of representation made under provisions of 1925 Act not reproduced in this Act
  361. 8Paragraph 8
  362. Minor executors
  363. 9Paragraph 9
  364. Administration bonds given before 1st January 1972
  365. 10Paragraph 10
  366. Grants and resealings liable to revocation or cancellation at instance of court
  367. 11Paragraph 11
  368. Appeals from certain orders and decisions under section 54(3) of Magistrates’ Courts Act 1952
  369. 12Paragraph 12
  370. Interpretation
  371. 13Paragraph 13
  372. Schedule 7Schedule 7